SF 

58 

H9A3 
1911 



fSSa 



i 



nSfi 



WEtiR 




Gass_S£-£i 



Book_i_lA£ 



STOCK LAWS 



OF 



MONTANA 



PUBLISHED BY 



THE MONTANA STOCKGROWERS 
ASSOCIATION 



D. W. RAYMOND, Secretary-Treasurer 



COMPILED BY 

W, S. TOWNER, Asst. Attorney General 



"INDEPENDENT FUBLUHiM COMPANY, HELENA, MONTANA," 



' ■«!%: . ■■.?:■: . ■','. 



/ 



STOCK LAWS 



¥6f 

OF 



MONTANA 



PUBLISHED BY 



THE MONTANA STOCKGROWERS 
ASSOCIATION 



INDEPENDENT PUBLISHING COMPANY, HELENA, MONTANA.' 



O - 



>8f ». 






N 



"O 1 



^ Live Stock Laws* 



BO^RD OF STOCK COMMISSIONERS. 

1782. Appointment. — The Governor is authorized to nomi- 
nate, and by and with the consent of the Senate, appoint a 
Board of Stock Commissioners of one member from each 
County in the State, and such Stock Commissioners upon enter- 
ing upon their duties must take the constitutional oath of office, 
which oath must be filed in the office of the Secretary of 
State. (Act approved February 23^,1897.) (5th Sess. 177.) 

r 783. (§ 2951.) Qualifications and term of office of com- 
missioners. — Each member of said board so appointed must be 
the owner of cattle or horses in the county for which he is 
appointed, and shall be a resident of said county. The stock 
cmmissioners shall hold office for two years or until their suc- 
cessors are appointed and qualified, and in case of vacancy from 
death, resignation or removal the governor must appoint to 
fill such vacancy. 

1784. (§ 2952.) Districts. — The board may divide the state 
into as many districts as necessary. 

I 7^5- (§ 2 953-) Organization of. — The board must organize 
by electing one of their number president, and appoint a secre- 
tary. 

1786. (§ 2954.) Expenses allowed. — The stock commis- 
sioners and their secretary receive no compensation or mileage 
for their services, but must be allowed their actual expenses 
incurred by them in the performance of their duties. 

^ty- (§ 2 955-) Duties of. — It is the duty of the board to 
exercise a general supervision over, and so far as may be, pro- 
tect the stock interests of the state from theft and disease, and 
devise and recommend from time to time, such legislation as in 
their judgment will foster this industry. The board may take 
all necessary and lawful steps, procure all necessary and lawful 
process for the attendance of witnesses, and employ counsel to 
assist in the prosecution of 'any person as hereinbefore provided, 
and it is the duty of the board, when necessary, to assist in the 
prosecution of 'any person guilty of any offense against the laws 



4 LIVE STOCK LAWS 

of this state in feloniously branding or stealing any stock, or 
any other crime, or misdemeanor, under any of the laws of the 
state for the protection of the rights and interests of stock own- 
ers, and it is the duty of the board to make rules and regula- 
tions governing the recording and use of live stock brands. 

1788. Auditing bills for expenses. — It is the duty of the 
Board to audit all bills for expenses incurred under the pro- 
visions of this Chapter, and if found correct, to certify the 
same, and the warrant drawn by the State Auditor, on the 
State Treasurer in favor 01 the party or parties entitled thereto 
for the amounts so certified, shall be drawn on the stock in- 
spector and detective fund, provided, that said Board shall itself 
audit and directly pay from the donations to it made all extra 
expense bills incurred under the power conferred by Section 
Three of this Act.* (Act approved March 3rd. 1903.) (8th 
Sess. Chap. 50.) 

* Note — 'Repealed Acts 1907, Chap. 172. 

1789. Report. — The x Board must make an annual report hi 
writing to the Governor on the 31st day of December and must 
state therein all the transactions of the Board for the year. The 
said Board shall also present therein a list, as nearly complete 
as may be, of all stray cattle and horses sold, either within trns 
State or in outside markets, whose proceeds have not been 
theretofore claimed by the owners, describing each animal by 
kind, sex, marks, brands, weight and net sum realized on sale 
of each and the name and address of the Stock Association 
or person to whom each amount was remitted, if known. And 
said Board shall also procure, and for the period of four suc- 
cessive issues next after May 1st of each year, publish in a 
newspaper in Helena and a newspaper in Billings. Montana, 
said data for the year preceeding May 1st, the expense of such 
publication to be borne pro rata by the proceeds of the animals 
listed therein. And it shall forthwith, after each yearly pub- 
lishings, file a copy thereof in the office of the County Re- 
corder of each County in the State. (Act approved March 3, 
!9°3, § 2.) (8th Sess. Chap. 50.) 



RECORD OF MARKS AND BRANDS. 
I 79°- (§ 2940.) Recorder of marks and brands. — The secre- 
tary of the board of stock commissioners is the general recorder 
of marks and brands. 



STATE OF MONTANA. 5 

1791. Recording brands. Fees. — Whenever any person 
wishes to record a brand or mark, application may be made to 
the General Recorder of marks and brands directly, who must 
designate the particular brand, or mark and brand, to be used 
by the applicant, defining the position on the animal upon 
which the brand shall be placed. The General Recorder of 
.marks and brands must keep a record, in a book kept by him 

for that purpose, of all brands and marks that may be recorded 
by him, with the name and residence of the person recording 
the same, which said report book shall be open to the inspec- 
tion of the public ; and he must also furnish to the owners 01 
recorded brands a certified copy of the record of the same, 
which certificate is prima facie evidence of the ownership of 
the mark or brand so recorded. The General Recorder of 
Brands and Marks may charge and receive from each person 
recording a brand, or mark and brand a fee of two dollars 
for each brand or mark and brand so recorded. (Act approved 
March nth, 1901.) (7th Sess. 127.) 

1792. (§ 2942.) Publication of brands. — The general re- 
corder of marks and brands shall annually have published as 
an appendix to the report of the board of stock commissioners 
to the governor, a list of all brands or marks and brands which 
have not been previously published, and cause the same to be 
printed and illustrated at his own expense, a sufficient number 
of copies in pamphlet form for free distribution to those en- 
gaged in stock raising. 

I 793- ^(§ 2 943-) Venting brands. — Every person who sells 
horses, mules or cattle, must vent or counter brand such ani- 
mals and said vent or counter brand must be upon the same 
side of the animal as the original brand and must be a fac 
simile of the original brand, except that it may be reduced one 
half in size, and the venting of said original brand shall be 
prima facie evidence of sale or transfer of said animal or ani- 
mals so vented. 

1794. Exhibitin of Hides and Slaughtering of Cattle. — 
All persons slaughtering cattle must keep the hides 
with the ears attached, for ten days, and persons having 
such hides in their possession must exhibit the same for exam- 
ination, upon demand being made by any person. Xo person, 
whether the owner thereof or not, shall slaughter any cattle 
upon the public range of this state unless he is at such time 



6 LIVE STOCK LAWS 

a member, or an employe of a member, of an organized round- 
up of cattlemen, and then only for the immediate consumption 
by the persons engaged in such roundup. Persons, except as 
provided in this Section shall slaughter cattle only upon the 
premises owned or occupied by them, or on which they have 
therefore been granted a written permit so to do by the owner 
or person occupying the premises. Any nerson who shall vio- 
late the provisions of this section shall be guilty of a misde- 
meanor. (Approved March 4, 1909.) 

Chapter 27. — (1911). 
An Act providing for the re-recording of every brand or mark 
upon horses, cattle or livestock, and regulating the making 
of such record and fixing the fees therefor, and repealing all 
Acts and parts of Acts inconsistent with the provisions of 
this Act. 
Be it enacted by the Legislative Assembly of the State of Montana: 

Section 1. Every person, company or corporation, having 
horses, cattle or other livestock, and owning a brand or mark, 
or brands or marks, for the same, shall record such brand or 
brands, or mark or marks, with the General Recorder of Marks 
and Brands, on or before the 1st day of November, 1912, such 
record to be made in the manner now provided by existing 
laws for the recording of marks and brands. 

Section 2. On and after the first day of November, 1912, 
no person, company or corporation shall claim or own any 
brand or mark which has not been re-recorded in accordance 
with the provisions of this Act, and any failure to re-record a 
brand or mark under the provisions of this Act shall be deemed 
an abandonment of the same, and any person, company or cor- 
poration shall be at liberty to adopt, and use any brand or 
mark so abandoned ; Provided, that no person, company or cor- 
poration shall be at liberty to claim or use any such abandoned 
brand or mark until after he has caused the same to be recorded 
in his own name, under the provisions of this Act, and pro- 
vided further, that before such brand or mark be claimed or 
used by such person, company or corporation, the notice speci- 
fied in the following section shall have been given. 

Section 3. It shall be the duty of the General Recorder 
of Marks and Brands to notify the owner of any recorded 
mark or brand at lease sixty days prior to the expiration of 
the time in this Act provided for the re-recording of any marK 



STATE OF MONTANA. 7 

or brand, of his right to re-record the same. Such notice shall 
be given in writing and by registered mail, and shall be ad- 
dressed to such owner at the postoffice address named upon 
the books of said General Recorder of Marks and Brands, and 
such notice shall be complete at the expiration of sixty days 
from the date of its mailing by said General Recorder of Marks 
and Brands. 

Section 4. It shall be the duty of the General Recorder of 
Marks and Brands to .publish in each and every newspaper 
printed within the State, at least six times, beginning not less 
than six weeks prior to the expiration of time in this Act pro- 
viding for the re-recording of any mark or brand, a notice of 
the expiration of the time fixed for the re-recording of any 
mark or brand and of the right of all persons owning any 
mark or brand to re-record the same, which notice shall not 
exceed two hundred words, and the General Recorder of Marks 
and Brands shall also furnish to each newspaper copy to be 
used as a news item or editorial, calling attention to said publi- 
cation. 

Seciion 5. All re-recording of old brands or marks, and all 
recording of new brands or marks shall be done and made 
in all respects in accordance with the provisions of law now 
existing for the recording of marks and brands. 

Section 6. For re-recordinp- of any old brand or mark, the 
General Recorder of Marks and Brands shall be entitled to 
receive the sum of twenty-five cents ; for recording a new 
brand or mark, or any old brand or mark in the name of a 
new owner, the General Recorder of Marks and Brands shall 
be entitled to receive the fees now allowed by law, all such 
fees to be by the General Recorder of Marks and Brands de- 
posited to the credit of the Stock Inspector and Detective Fund. 

Section 7. A Bill of Sale duly witnessed of any recorded 
mark or brand shall be prima facie evidence of ownership of 
such brand. 

Section 8. All Acts and parts of Acts inconsistent with the 
provisions of this Act are hereby repealed. 

Approved February 16th, 191 1. 



STOCK INSPECTORS. 

J 796- (§ 2970.) Appointment and powers. — The board of 
stock commissioners may appoint such stock inspectors and de- 



8 LIVE STOCK LAWS 

tectives as are necessary for the protection of the live stock in- 
terests of the state, and the inspectors and detectives have the 
same power as sheriffs to summon a posse when necessary and 
to make arrests. The stock inspectors and detectives may, 
when deputized by the sheriff, exercise the powers of deputy 
sheriff, but must not receive any fee or molument therefor 
from the state or any county. 

I 797- (§ 2 97 1 -) Bond and Oath. — The stock inspectors and 
detectives must each make and execute a bond with two suffi- 
cient securities, in the sum of one thousand dollars, to the state, 
conditioned for the full and faithful performance of their duties, 
said bond to be approved by and filed with the secretary of 
state, and each must take and subscribe the constitutional oath 
of office. 

I 79^- (§ 2972.) Duties of. — It is the duty of the stock in- 
spectors and detectives to arrest all persons who in their pres- 
ence violate the stock laws of the state, and every stock in- 
spector and detective, upon information that any person has 
committed any offense against the laws of the state in feloni- 
ousy branding or stealing any stock, or any offense against 
the laws of the state, for the protection of the rights and inter- 
ests of stock owners, must make the necessary affidavit for 
the arrest and examination of such person, and, upon warrant 
issued therefor, immediately arrest such person, and bring him 
before the proper officer and notify the board of his acts. 

I 799- (§ 2 973-) Compensation. The stock inspectors and 
detectives are under the exclusive control and direction of the 
board, and must be paid for their services such sums as may be 
agreed upon by the board, out of the fund hereinafter provided 
for, but in no case must they receive any mileage. 

1800. (§ 2991.) District officers, detectives and inspectors. 
— The stock inspectors and detectives are district officers, and 
the board must designate the district in which the inspectors 
and detectives shall serve, and the district must be designated 
in their commissions. 

1801. (§ 2974.) Brands fraudulently changed. — Whenever a 
mark or brand upon any meat cattle, horse, or other animals, 
has been fraudulently altered, obliterated or defaced, so that 
the original mark or brand cannot be determined through the 
external inspection thereof, any stock inspector or sheriff may 
seize and kill said animal to ascertain the mark or brand so 



STATE OF MONTANA. 9 

altered or defaced, upon paying to the owner the value of said 
animal. (Act approved March 2, 1895.) 

1802. (§ 2975.) Compensation for animals killed. — The 
value of the animal so taken and killed shall be determined 
by three disinterested parties living in the vicinity where the 
animal is seized, and the tender of the valuation so made to the 
owner shall be full compensation on account of the loss of said 
animal. All sums of money disbursed as herein provided shall 
be paid out of the stock inspector and detective fund, and 
whenever possible the dead bodies of the animals killed shall be 
disposed of for cash, and the proceeds turned into said fund. 
(Act approved March 2, 1895.) 

1803. (§ 2976.) Costs on appeal. — Should the owner of the 
animal so seized and killed feel dissatisfied with the valuation 
made, he may maintain an action against said officer seizing 
said animal, and should he fail to recover damages in any 
greater amount than that allowed under § 1802 (2975), he shall 
bear all costs that may be incurred in the maintenance of said 
action. (Act approved March 2, 1895.) 



INSPECTION OF HORSES TO BE REMOVED FROM 
STATE OR COUNTY. 

1804. Inspection of horses before removal from state. — From 
and after the passage of this Act, it shall be the duty of any 
and all persons removing or taking from this state in any man- 
ner whatsoever, any horse, mule, mare, colt, foal or filly, imme- 
diately before the shipment or removal of the same, and at the 
place, from which the shipment is to be made, to cause the 
same to be inspected by a stock inspector, or the sheriff of the 
county, from which such stock is to be removed, as hereinafter 
provided. (Act approved March nth, 1901, §1.) (7th Sess. 

93-) 

1805. Duty of stock inspector. — On receiving notice from 

any person that he desires to remove or take from this state 
to be sold or used outside of this state any of the class of 
animals mentioned in Section 1804 (1), it shall be the duty of 
any stock inspector or sheriff of the county from which such 
animals are to be taken, to inspect the same, by carefully not- 
ing the brands upon such animals, and otherwise describing 
such of said animals as may have no brands, and to keep a 
record of all such inspections in a book to be provided for that 



10 LIVE STOCK LAWS 

purpose by the county commissioners of each county. Such 
descriptions shall contain : 

1. The brands of all animals branded, and a description of 
animals not branded. 

2. The number of animals inspected for removal. 

3. The name of the owner or person removing the same. 

4. The date of such inspection, with destination to which 
sudh animals are to be taken. If in the opinion of the officer 
making the inspection the person proposing to remove such 
stock is rightfully in the possession of the same he shall grant 
such person a certificate of inspection in duplicate, containing 
the matters herein provided, with the further statement that 
permission is granted to such person to remove such animals 
from this state. The person so receiving said certificates must 
deposit with the agent of the railroad company at the point 
from which the shipment is made the duplicate certificate re- 
ferred to, which said duplicate must be filed by the agent, and 
must be at all times during business hours accessible to the 
public. The agent must at the time of the receipt of trie dupli- 
cate indorse upon the original certificate the date of the receipt 
of the duplicate. If, however, the officers making such inspec- 
tion, S'hall be of the opinion that such stock, or any portion 
thereof, is stolen, or otherwise wrongfully in the possession 
of the person proposing to remove the same, he shall withhold 
such certificate and permit to remove, until satisfactory assur- 
ance is given him of the rightful possession of such property 
by the person proposing to remove the same. Such certificate 
of inspection shall be by the holder thereof exhibited to any 
person demanding to see the same. (Act approved March 
nth, 1901, § 2.) (7th. Sess. 94.) 

1806. Penalties. — Any railroad company or agent shipping 
or permitting to be shipped from any station, siding or stock 
yards, without first receiving the duplicate certificate herein 
provided for, and indorsing on the original the date of its re- 
ceipt, any of the animals mentioned in Section 1804 (1) of this 
Act, and any person removing or attempting to remove any of 
said animals without first securing a certificate of inspection, 
or any person in any other way violating any of the provisions 
of this Act, shall be deemed guilty of a misdemeanor, and on 
conviction in any court of competent jurisdiction, shall be fined 
in any sum not less than fifty dollars nor more than three 



STATE OF MONTANA. 11 

hundred dollars and costs, and in default of payment of such 
fine and costs, shall be imprisoned in the county jail until such 
fine and costs are discharged, at the rate now provided by law. 
The fine herein provided for if collected shall be paid into the 
county treasury to the credit of the general fund of the county 
where said conviction is had. (Act approved March nth, 

I9 01 * § 3-) (7 th Sess. 95-) 

1807. Fees. — For the service of inspection herein provided 

for the officer making such inspection shall receive three dol- 
lars per day while engaged in making such inspection, and 
shall receive in addition thereto his necessary actual expenses, 
to be paid by the person for whom the inspection is made. 
(Act approved March nth, 1901, § 4.) (7th Sess. 95.) 

1808. Inspection of horses before removal from one county 
to another. — That, from and after the passage of this Act, it 
shall be the duty of any and all persons, associations or cor- 
porations, removing or taking horses, mules or asses from one 
county to another county in this state, or beyond the bound- 
aries of the state, by railroad, or in any other manner what- 
soever, for the purpose of selling such stock, or of offering the 
same for sale at any public sale, to cause the same to be in- 
spected by a state stock inspector or by the sheriff of the 
county from which the stock is to be removed, as 'hereinafter 
provided, and no railroad company shall accept such horses, 
mules or asses for shipment unless the shipper shall produce 
a certificate of their inspection, as herein required ; provided, 
however, that the provisions of this Act shall not apply ;:o 
stock removed or taken from one county to another for the pur- 
pose of pasturing, feeding or changing of range therefor, nor 
to stock so removed or taken for the use by any person, asso- 
ciation or corporation in the usual and ordinary conduct of their 
business. (Act approved March 6, 1907.) (10th Sess. Chap. 
125.) 

1809. Duties of stock inspector. — On receiving notice from 
any person, association or corporation that he desires to re- 
move, ship or take from one county in this state to another 
county in this state, or beyond the state boundaries, any of 
the class of animals named in Section 1808 (1), it shall be the 
duty of the stock inspector or sheriff of such county, from 
which such animals are to be taken, to immediately inspect the 
same by carefully noting the brands upon such animals and 



12 LIVE STOCK LAWS 

otherwise describing such animals, and to keep a full and com- 
plete record of all such inspections in a book to be provided 
for that purpose by the State Board of Stock Commissioners. 
Such description shall contain. 

I. The brands of all animals branded, and the description of 
animals not branded, 

II. The number of animals inspected for removal. 

III. The name of the owner or person removing the same. 

IV. The name of the person, corporation or association 
from which the person removing the same made purchase of 
such animals. 

V. The date of such inspection, with destination to which 
such animals are to be taken, and the means of their trans- 
portation. 

VI. That none of such animals are suffering with any in- 
fectious or contagious disease. 

If, in the opinion of the officer making the inspection, the 
person proposing to remove such stock is rightfully in posses- 
sion of the same and that such animals are not infected with 
disease, he shall grant such person or persons, corporation 
or association, a certificate of inspection containing a state- 
ment of the matters hereinabove required, w T ith a further state- 
ment that permission is granted to such person to remove such 
animals, either from the county or from the state, as the case 
may be. If, however, the officer or officers making such in- 
spection shall be of opinion that such stock, or any portion 
thereof, is stolen or otherwise wrongfully in the possession 
of the person or persons proposing to remove the same, or are 
infected with disease," the inspection certificate and permit to 
remove shall be withheld until satisfactory evidence is given 
to the inspector of the rightful possession of such property 
by the person or persons proposing to remove the same, and, 
in case of disease, until the State Veterinarian shall have made 
examination of the animals withheld on account of disease, 
and made written order and direction respecting their de- 
position. Such certificate of inspection and permit to remove 
shall be, by the holder thereof, exhibited to any person or per- 
sons demanding to see the same. (Act approved March 6, 
1907, § 2.) (10th Sess. Chap. 125.) 

1810. Certificate of inspection. — It shall be the duty of the 
stock inspector or sheriff, immediately upon making the inspec- 



STATE OF MONTANA. 13 

tion herein required, in case he passes such livestock, to issue 
the certificate herein provided for, and to immediately transmit 
a duplicate for such certificate to the State Board of Stock 
Commissioners, to be by said board held and kept as a perma- 
nent record, and, in case he refuses to grant such inspection 
certificate because of question as to the ownership of the prop- 
erty, he shall immediately notify the State Board of Stock 
Commissioners of his refusal to grant such certificate and his 
reasons therefor; and, should he refuse to grant a certificate 
because of his belief that such livestock are infected with 
disease, the state veterinary surgeon shall be at once notified 
and required to make inspection and examination. (Act ap- 
proved March 6, 1907,- § 3.) (10th Sess. Chap. 125.) 

181 1. Penalties for violation of act. — 'Any person removing 
or attempting to remove any livestock of the kind named in 
Section 1808 (1) of this Act, without first having received the 
certificate of inspection and removal, herein provided for, and N 
any railroad accepting for shipment any such property, without 
compelling the shipper to first give satisfactory evidence of his 
having received an inspection and removal certificate as herein 
provided, and any person refusing to exhibit such certificate 
upon proper demand, shall be deemed guilty of a misdemeanor, 
and, on conviction, shall be fined in a sum not less than fifty 
nor more than five hundred dollars, or by imprisonment in the 
county jail for a period of not more than six months, or shall 
be punished by both such fine and imprisonment. All fines 
assessed and collected under the provisions of this Act shall be 
turned into the state treasury, and placed to the credit of the 
stock detective and inspection fund. (Act approved March 6, 
1907, § 4.) (10th Sess. Chap. 125.) 



INSPECTION OF CATTLE FOR SHIPMENT. 

1812. Inspection of cattle to be removed from state. — It 
shall be the duty of any and all persons removing or taking 
from this State in any manner whatsoever, any cow, ox, bull, 
stag, heifer, steer, or calf, immediately before shipment of same, 
or its removal, and at the time and place from which said 
shipment is to be made, to cause the same to be inspected by 
a stock inspector of the State as hereinafter provided ; Pro- 
vided, however, that whenever any of the class of stock afore- 
mentioned shall be loaded for shipment and consigned to any 



14 LIVE STOCK LAWS 

point where the State Board of Stock Commissioners maintain 
a stock inspector, (then and in such event only, such shipments 
so consigned, need not be inspected in this State before ship- 
ment. (Act approved February 7, 1907, § 8.) (10th Sess. 
Chap. 8.) 

1813. Duties of stock inspector. — On receiving notice from 
any person that he desires to remove from this state to be sold 
or used outside of the State, any of the class of animals men- 
tioned in Section 1812 (1), of this Act, it shall be the duty of 
any stock, inspector to whom such is given, to inspect said 
animals, carefully noting all of the brands and marks upon 
same, and make a report of such inspection to the Secretary 
of the Board of Stock Commissioners, which said report shall 
show the date of such inspection, the name and address of the 
person taking said animals from the State, the destination of 
the shipment, the marks and brands upon each animal together 
with the number of animals listed under each brand ; and if 
in the opinion of the stock inspector the person proposing lo 
remove the same, is rightfully in possession of the animals 
inspected, he shall grant such persons a certificate of inspection, 
containing the matter herein provided, with the further state- 
ment that permission is granted said person to remove -such 
animals from the State. The person receiving said certificate 
must deposit it with the railroad agent at the point from which 
said shipment was made, which certificate must be filed by the 
agent and must be at all times during business hours accessible 
to the public, and the agent must at the time of filing said 
certificate endorse upon it the date of its receipt and filing by 
him. ilf, however, any stock inspector making such inspection 
shall be in doubt as to whether any of said stock is rightfully 
in possession of the person proposing to remove same from 
this State, he shall withhold such inspection certificate until 
satisfied that the said shipper is in rightful possession of such 
stock. (Act approved February 7, 1907, § 2.) (10th Sess. 
Ohap. .8); 

1814. Penalties for violation of act. — Any railroad company 
or agent, shipping or permitting to be shipped from any station, 
siding or stock yards within this State, any of the class of 
animals described in Section 1812 (1) of this Act, without first 
receiving the aforesaid inspection certificate and endorsing upon 
it, the date of its receipt and filing, and any person removing 



STATE OF MONTANA. 15 

or attempting- to remove from this State any of the said ani- 
mals without first securing the certificate of inspection herein 
provided, and any person who shall load any of such stock for 
shipping and consign same to any point where the State Board 
of Stock Commissioners maintain a stock inspector, and who 
shall then reconsign them enroute to any other points, so as to 
avoid inspection at point of shipment and also the official in- 
spection at the cities heretofore mentioned where such inspec- 
tion is maintained, shall be deemed guilty of a misdemeanor and 
on conviction in any court of competent jurisdiction, shall be 
fined in any sum not less than Fifty ($50.00) Dollars nor more 
than Three Hundred ($300.00) Dollars, or imprisoned in the 
County Jail not to exceed six (6) months, such fine if collected 
to be turned into the general fund of the county where such 
conviction is had. (Act approved February 7, 1907, § 3.) (ioth 
Sess. Chap. 8.) 



INSPECTION OF PUBLIC MEAT MARKETS. 

Chapter 21. 

"An Act to amend Section 1815, of the Revised Codes of Mon- 
tana of 1907, Relating to the Record of Horses and other 
Livestock sold at Public Markets." 
Be it enacted by the Legislative Assembly of the State of Montana: 

Section 1. That Section 1815, of the Revised Codes of Mon- 
tana of 1907, be, and the same is, hereby amended so as to 
read as follows : 

Section 1815. That, hereafter, any person, firm, corporation 
or association of individuals desiring to establish, maintain 
or conduct a market for the sale of horses or other livestock 
at public auction, or otherwise, shall keep a full and complete 
record book in which must be recorded the name or names of 
any person, corporation or association of individuals bringing 
to the said market, or offering for sale at such market any 
horses or other livestock, together with a description thereof 
as to their kind, and of all brands of every kind thereon. And 
if requested by the sheriff of the county or a stock inspector, 
in case question arises respecting the ownership, particular 
description shall be recorded showing, in addition to all the 
brands, the color and sex of such animals ; and, in addition, 
such record shall clearly show the name of the person for whom 
such animal or animals were sold, the date of the sale, and the 



16 LIVE STOCK LAWS 

person to whom such animal or animals were sold, and the 
particular character of the animal or animals. Such record 
book must be open for inspection by the public for persons 
interested at any and all reasonable times. 

Section 2. All Acts and parts of Acts in conflict herewith 
are hereby repealed. 

Section 3. This Act shall be in full force and effect from 
and after its passage and approval. 

Approved February 16th, 1909. 

1816. Inspection of public markets. — The stock inspector of 
the county or district, or the sheriff of any county in this state 
and the State Veterinarian, or any person duly appointed ani 
representing the 'State Board of Stock Commissioners may 
enter upon the premises where any such livestock are being 
held, or sold, and be accorded every facility, by the owners 
thereof, in determining whether any violations of the law are 
being made, or are likely to be made, by any person, asso- 
ciation or corporation whatsoever. Provided, however, that 
such inspection shall not unnecessarily interfere with the con- 
duct of the sales; and that no horses, or other livestock, so sold 
at such market shall be delivered to the purchaser until he 
shall first have received an inspection certificate issued by one 
of the officers hereinabove designated for the inspection of 
such livestock, showing clearly and explicitly that the person 
making such inspection, as herein authorized, is satisfied as to 
the ownership of such livestock and the health of all animals so 
sold. (Act approved March 5, 1907, § 2.) (10th Sess. Chap. 

96.) 

1817. Quarantine of diseased animals. — Should the person 
herein authorized to inspect such livestock at any such sale find 
any of the animals afflicted with an infectious or contagious 
disease, he shall immediately take possession of such animals 
and place them in quarantine to be thereafter disposed of as 
may be directed by the State Veterinary Surgeon. And, in the 
event there is any question arising respecting the ownership 
of any animal sold, the person so making the inspection as 
herein authorized shall have the right, privilege, power and 
authority to take possession of such animals ; provided, that 
he shall notify the person in charge of such market and con- 
ducting the sales and also the person who may purchase any 
such livestock at any such sale, within a reasonable time. Pro- 



STATE OF MONTANA. 17 

vided, further, that, where any livestock is sold, the ownership 
of which is not known or determinable by the person or per- 
sons herein authorized to make inspection, they may be sold as 
strays, and that the net proceeds derived from said sale shall 
be transmitted to the State Board of Stock Commissioners of 
the State of Montana, Helena, Montana, to be held and kept, 
together with a complete description of any such animal or ani- 
mals and the brands thereon, and such money shall be held and 
retained by the State Board of Stock Commissioners for the 
use and benefit of the owner or owners of any such animal or 
animals, and paid over to such owner or owners when the 
ownership shall have been satisfactorily determined. And, 
in the event that the proceeds of the sale of any such animal 
or animals so transmitted to the State Board of Stock Com- 
missioners be not claimed by the lawful owner of the property 
so sold, within .two years from the date of the receipt of the 
proceeds of such sale, such money shall be held and disposed of 
as hereinafter provided ; provided, that nothing herein contained 
shall be so construed as to repeal or avoid the application of 
Chapter I, Laws of 1903, amendatory of Section 1788 (2056), 
1789 (2957) and 2990 of the Political Code of the State of 
Montana. (Act approved March 5, 1907, § 3.) (10th Sess. 
Chap. 96.) 

1818. State Treasurer to hold proceeds of sales of stray 
stock. — When the provisions of this law shall have been fully 
complied with, and the money paid into the state treasury, two 
years after its receipt from the State Board of Stock Com- 
missioners, the state treasurer shall be required to hold such 
money in a separate fund to be known and designated as the 
"Stray Stock Fund," and his books shall show all information 
with respect to the sale and proceeds from each animal in 
accordance with the published yearly report of the State Board 
of Stock Commissioners, and such money shall be held by the 
state treasurer for the use and benefit of the rightful owner and 
claimant of such money for the period of one year, after which 
it shall become state property, and be placed to the credit oi 
the State Stock Inspection and Detective Fund. (Act ap- 
proved March 5, 1907, § 4.) (10th Sess. Chap 96.) 

1819. Penalties. — Any person or persons, corporation or 
association guilty of a violation of any of the provisions of this 
Act shall be deemed guilty of a misdemeanor, and is punish- 



18 LIVE STOCK LAWS 

able by a fine not exceeding six hundred ($600.00) dollars, ?r 
by six months' imprisonment in the county jail, or by both 
such fine and imprisonment. (Act approved March, 1907, § 5.) 
(10th Sess. Chap. 96.) 



SHIPMENT OF ESTRAY CATTLE. 

1820. Shipment of stray cattle ; duties of shipper. — That 
every person, agent, firm, corporation, pool or round-up asso- 
ciation who shall ship cattle from this state may ship with 
their own cattle any strays which may be among them, but 
they shall, before shipment or at the time of loading same on 
the cars for shipment carefully and as accurately as possible, 
inspect or tally the brand on such cattle, whether their own r: 
strays, making a list in duplicate, which list shall state the 
date of loading, name of shipper, description of brands on 
each animal, number and class of each brand, destination, name 
of commission firm to whom consigned, and the name of per- 
son in charge of shipment; one copy of this list to be filed with 
the railroad agent at point of loading, who shall, in turn, for- 
ward the same to the Board of Stock Commissioners, at Hel- 
ena, within two days after shipment, and another copy to be 
immediately mailed to the State Stock Inspector at point of 
destination. (Act approved March 5, 1907. § 1.) (10th Sess. 
Chap. 94.) 

182 1. Description of animals taken out during shipment. — 
That every person in charge of, or who accompanies such ship- 
ment as the shipper in charge, shall take an accurate descrip- 
tion including the brands of each and every animal whether 
dead or alive taken out of shipment in transit between original 
loading point and final destination, and shall hand such descrip- 
tion to the State Stock Inspector at such point of destination 
immediately upon arrival of the shipment in the stock yards. 
(Act approved March 5, 1897, § 2. (10th Sess. Chap. 94.) 

1822. Powers and duties of inspectors outside of state. — The 
Stock Inspector appointed to inspect [Montana cattle at any 
cattle market outside of this state shall be duly commissioned 
by the State Board of Stock Commissioners, and shall be qual- 
ified and have power and authority to inspect any or all cattle 
that may come from this state to the market where he may be 
located, having the same power as other stock inspectors with- 
in the state to inspect and seize any stock which he may have 



STATE OF MONTANA. 19 

reason to believe is stolen, or upon which brands have been 
altered or obliterated, and shall have authority to take the pro- 
ceeds of any animal in dispute or bearing altered or burned 
brands, remitting such proceeds to the State Board of Stock 
Commissioners, who shall hold same pending a decision as to 
ownership, and such stock inspector shall, upon receipt of the 
certified lists mentioned in Section 1820 (1) and 1821 (2) of this 
Act, make inspection of the cattle so listed, and, if upon com- 
parison of such list with his own inspection, he shall find any 
difference or discrepancy, he shall make a second inspection 
of any animal or animals or upon which the two tallies do not 
agree, clipping the animal when necessary to determine, accu- 
rately and definitely, which inspection or tally is correct, and 
he shall forthwith make inspection report to the State Board 
of Stock Commissioners, stating in detail wherein any dis- 
crepancies with the loading tally exist, and calling special atten- 
tion to his own inspection of such animal or animals and he 
shall, on his own report, make mention of any and every ani- 
mal with the brands thereon which were taken out by the 
shipper in charge of the stock while in transit between the 
original loading point and point of final destination ; all such 
reports to be entered in a suitably bound book and be, at all 
times, open to public inspection. (Act approved March 5, 
I 9°7> § 3-) (10th Sess. Chap. 94.) 

1823. State board of stock commissioners to furnish blanks. 
— The State Board of Stock Commissioners shall have printed 
the necessary blanks for the tallying of cattle at loading point 
as provided in Section 1820 (1) of this Act, and shall furnish 
same free to shippers on application. The expense of such 
piinting to be paid out of the stock inspector and indemnity 
fund. (Act approved March 5, 1907, § 4.) (10th Sess. Chap. 

94.) 

1824. Failure of shipper or inspector to comply with this act. 
Penalty. — Any person, agent, firm, corporation, pool, or round 
up association who shall ship cattle from this state, and shall 
fail to make such inspection or tally at point of loading, or 
who shall fail to file a true and correct tally, to the best of their 
knowledge and belief, of all the brands of cattle in such ship- 
ment with the railroad agent at the point of shipment, or who 
shall fail to forward a true and correct copy, duly signed by 
them as parties making the shipment, to the Stock Inspector 



20 LIVE STOCK LAWS 

at point of destination, or any person who shall accompany a 
shipment of cattle as the shipper in charge from this state,, and 
shall fail to take a description of any and every animal taken 
out in /transit and hand such description to the stock inspector 
at market points of destination, or any stock inspector at mar- 
ket points who shall fail to make inspection as provided in 
Section 1822 (3) of this Act, shall be deemed guilty of a mis- 
demeanor, and shall be subject to a fine of not less than fifty 
($50.00) dollars, nor more than five hundred ($500.00) dollars, 
for each and every offense. The fines so collected to be turned 
in the general fund of the county where conviction is had, 
and any stock inspector, sheriff, or other police officer, shall 
have power to make arrests to enforce the provisions of this 
Act. (Act approved March 5, 1907, § 5.) (10th Sess. Chap. 

940 

Chapter 2. 

An Act providing for the disposition of moneys received from 

the sale of estrays, and prescribing the duties of the state 

treasurer, and board of stock commissioners with reference 

thereto. 

Be it enacted by the Legislative Assembly of the State of Montana: 

Section 1. That all unclaimed money which is now in the 
hands of the State Board of Stock Commissioners, or in the 
possession of the Secretary or Treasurer of said Board, re- 
ceived from the sale of estray cattle or horses, shall be fully 
accounted for and paid over to the state treasurer of the State 
of Montana within thirty (30) days from and after the pas- 
sage and approval of this Act. 

Section 2. Immediately upon the pzssage of this Act the 
State Examiner shall investigate the books of account of said 
board and its officers, respecting the methods of administering 
said funds in the past, and after the completion of such ex- 
amination he shall at once make full and complete report with 
reference thereto to the Governor. 

Section 3. All of said funds which shall have been in the 
possession of the State Board of Stock Commissioners, or its 
officers for a period of two years or over, shall be by the state 
treasurer at once deposited to the credit of the stock inspec- 
tion and detective fund to be used and expended as provided 
by law. 

Section 4. The proceeds derived from the sale of all estrav 



STATE OF MONTANA. 21 

cattle or horses sold either within or without the state, shall 
hereafter be at once transmitted to the state treasurer of the 
State of Montana, together with a statement of the net pro- 
ceeds derived from the sale, and such proceeds shall be paid 
and turned over by the treasurer to the owner of the recorded 
brand on the animal upon request of the Secretary of the State 
Board of Stock Commissioners and after the approval of the 
State Board of Examiners : it being hereby intended that as 
to the ownership of the animals sold determinable from the 
brands reported on such animals, that the Secretary of the 
Board of Stock Commissioners, or the Board of Stock Com- 
missioners, shall first determine the ownership of such animals 
sold, and that the returns shall not be paid to such owner by 
the treasurer until after the State Board of Examiners shall 
first have passed upon and approved such payment. 

Section, 5. A full description of the estrays for which the 
proceeds derived from their sale remains in the hands of the 
treasurer unclaimed shall be published for the period of four 
(4) consecutive issues next after May 1st of each year, in four 
(4) newspapers, one of which shall be published in the City of 
Helena, and the others in the cities of Billings, Miles City and 
Fort Benton, and when such publication shall have been made, 
and the proceeds from the sale of such animals shall have re- 
mained in the hands of the state treasurer for a period of two 
years, it shall be by the treasurer at once placed to the credit 
of the stock inspection and detective fund. 

Section 6. Immediately upon receipt by the state treas- 
urer of any funds derived from the sale of livestock, he shall 
communicate with the secretary of the state board of stock 
commissioners, in writing, giving the description of the ani- 
mals and brands, as same were reported to him, to the end 
that inquiry and investigation may be at once made respecting 
ownership. 

Section 7. Whenever it shall appear that the brand on an 
animal sold and reported as an estra}' was not recorded, or is 
blotched or dim, no person shall be paid therefor by the state 
^treasurer until the board of stock commissioners shall first 
have investigated the case and determined ownership, and if 
said board of stock commissioners determine that the animal 
was without ownership possible of identification, thereupon 
the proceeds from the sale of such animal shall be at once 



22 LIVE STOCK LAWS 

placed to the credit of the stock inspection and detective fund. 

For the purpose of considering such cases and determining 
the ownership of such animal or animals, the board of stock 
commissioners is hereby required to meet in the City of Helena 
in the months of May and December of each year. 

Section 8. All Acts and parts of Acts in conflict herewith 
are hereby repealed. 

Section 9. This Act shall be in full force and effect from 
and after its passage and approval. 

Approved January 30th, 191 1. 



SHIPMENT CONTRACTS. 

Chapter 138. 

An Act Regulating and Governing Contracts relative to the 
shipment of Livestock, and the Giving of Notice or Claim 
for Loss or Damage thereto. 
Be it enacted by the Legislative Assembly of the State of Montana: 

Section 1. Any provision, stipulation or condition in any 
shipping contract, bill of lading or other agreement hereafter 
made or entered into by or between any common carrier and 
the owner or shipper of any shipment of livestock, providing 
that written or verbal notice of loss, injury or damage thereto 
or of claim therefor, shall be made or given to any common 
carrier or to any agent or officer of any common carrier or to 
any other person within any period less than four months 
from the date of the occurrence of any such loss, injury or 
damage, shall be void and of no effect. 

Section 2. All acts and parts of acts in .conflict herewith 
are hereby repealed. 

Section 3. This Act shall take effect and be in full force 
from and after its passage. 

Approved March 10, 1909. 



EXTERMINATION OF SCABIES. 
1828. Scabies in horses. Duty of board. — In addition to the 
powers now conferred upon it by law the Board of Stock Com- 
missioners of this State shall have the power and it shall be its 
duty to determine the existence of and employ the most effi- 
cient and practical means to prevent, suppress, control and 
eradicate the disease known as scabies among horses, mules, 



STATE OF MONTANA. 23 

asses and cattle ; and to direct and regulate the handling, dip- 
ping or treating of any of the aforesaid classes of live stock 
when infected with or exposed to the said disease; to make and 
adopt such quarantine and sanitary regulations to that end as 
may be by it deemed expedient, provided, that all such regula- 
tions shall so far as practicable conform to the regulations in 
that regard of the Department of Agriculture of the United 
States as they shall be from time to time promulgated ; and to 
create and define districts within which such disease exists ; 
provided further that in determining the district or districts 
within this State in which such disease from time to time exists, 
said board shall co-operate with the said Department of Agri- 
culture. A majority of said Board shall constitute a quorum, 
and the said Board may exercise any of the powers conferred 
upon it by this Act through committees of its own members 
thereto specially empowered by resolution. (Act approved 
February 6, 1905, §1.) (9th Sess. Chap. 7.) 

1829. Infected districts. — Whenever the said Board shall 
from time to time have determined that said disease exists 
in any 'such district or districts, and created and defined the 
same, the same shall be known as an infected district or dis- 
tricts, and the Board shall as soon as possible after creating 
such infected district, cause notice of the creation and of the 
limits thereof to be given by publication once a week for three 
successive weeks in some newspaper published within and of 
general circulation within said. district, and if no newspaper be 
published therein, then in some newspaper published at a point 
nearest thereto ; and thereupon it shall be the duty of all per- 
sons owning or having the control of any of the aforesaid 
classes of live stock within the boundaries of said district, lo 
dip or treat said live stock within said district or so much of 
said livestock as the regulations of said Board applicable to 
said district may require the dipping of all such live stock to 
be in strict compliance with the regulations of said Board, and 
within such reasonable time after the completion of the publi- 
cation of the notice of the creation of said district as said 
Board may prescribe. The said Board shall, before publishing 
said notice, as to any created district, prescribe the dipping 
regulations applicable thereto ; and shall publish said regula- 
tions applicable thereto ; and shall publish said regulations with 

said notice. (Act approved February 6, 1905, § 2.) (9th Sess. 
Chap. 7.) 



24 LIVE STOCK LAWS 

1830. Treatment of stock in district. — It shall be the duty 
of said Board of Stock Commissioners promptly upon the ex- 
piration of thirty (30) days after the completion of the pub- 
lication of notice of the creation of such infected district, to 
cause to be seized and gathered and dipped and treated any 
undipped or untreated live stock of the classes named within 
said district; provided, however, that no obligation shall exist 
or be created by or against the said Board on account of the 
dipping or treating of any live stock by it, but such expenses 
shall be a charge against and shall be paid by said Board out 
of any sums realized out of the lien of liability by this Act 
created. (Act approved February 6, . 1905, § 3.) (9th Sess. 
Chap. 7.) 

183 1. Powers of state veterinarian. — The State Veterinarian 
and Stock Inspectors shall be subject to the supervision and 
control of the said Board in the exercise of the powers con- 
ferred upon it by this Act, and they shall accomplish all orders 
to them by said Board directed and perform all duties that 
may be imposed upon them by the regulations of said Board, 
and to that end whenever necessary, they may enter upon 
and examine any car, yard, stable, corral, steamboat or any 
building or premises to examine any said live stock therein 
or thereon, and otherwise do whatever may be found neces- 
sary and proper therein or thereon to the effectual discharge 
of their said powers and duties. (Act approved February 6, 
1905, § 4.) (9th Sess. Chap. 7.) 

1832. Stock inspectors; deputy state veterinarians. — The 
Stock Inspectors shall be deemed for the purpose of accomplish- 
ing the provisions of this Act, Deputy State Veterinarians, and 
subject to the approval of the Department of Agriculture of the 
United States. The Inspectors appointed by it may also be ap- 
pointed Deputy State Veterinarian by the said Board for the 
purpose of this Act, and they shall hold said appointment at the 
pleasure of said Board so long as they remain inspectors of said 
Department and as such are stationed in this state, and they 
shall act as such Deputies without bond or compensation from 
the State and shall possess all the powers and duties of Depury 
State Veterinarians as needed for the purpose of this Act. i^Act 
approved February 6, 1905, § 5.) (8th Sess. Chap. 7.) 

1833. Dipping to be under control of state veterinarian. — 
All dipping shall be under the supervision of the State Veteri- 



STATE OP MONTANA. 25 

narian, and every person within the district who shall own or 
control any of said live stock required to be dipped or treated 
therein, shall as soon as the same shall have been dipped or 
treated in conformity with the regulations of said Board, be 
entitled to receive and shall receive from the State Veterinarian 
a 'certificate in writing to that effect. The said Board is here- 
by empowered and required by regulation to impose and collect 
a dipping inspection fee to cover the estimated cost of dipping 
or treating supervision incurred under its regulations. (Act 
approved February 6, 1905, § 6.) (9th Sess. Chap. 7.) 

1834. Expense a lien on stock treated. — For all sums paid 
out by the said Board, pursuant to the provisions of this Sec- 
tion, and in addition thereto such further sum per head of live 
stock dipped or treated as in this Act provided, as may be fixed 
by the said Board by regulation as a penalty, and for all 
amounts due on account of dipping or treating supervision 
it shall have a lien upon all such live stock so dipped or 
treated and any other live stock of the person owning the same, 
which lien shall be a first lien and superior to any other lien, 
claim or demand against said live stock, which said lien the 
said Board shall have power to enforce by appropriate action 
and it may further maintain an action to recover from the 
owner of such live stock the amount of said lien. The Board 
shall cause to be kept in the office of the Secretary thereof a 
record of all sums due to it on account of payments made or 
expenditures incurred on account of the dipping of any such 
live stock, or on account of dipping or treating supervision, 
together with the brand of all live stock affected by the lien 
aforesaid and the name of the owner thereof. A certified copy 
of such record shall be filed in the office of the County Clerk 
where such owner resides, or where such live stock are, if the 
owner does hot reside in the State of Montana, which shall be 
deemed to impart notice of such lien. No such lien shall be 
effective until such certified copy is filed. (Act approved Feb- 
ruary 6, 1905, § 7.) (9th Sess. Chap. 7.) 

1835. Penalties. — Any owner or person having control of any 
of said live stock or any other person whether an officer or 
employee of said Board or a private person who shall wilfully 
violate any provisions of this Act or regulations or orders law- 
fully made in conformity therewith, or who shall in any man- 
ner hinder or obstruct the execution of any such regulation 



26 'LIVE STOCK LAWS 

or order, or hinder, resist or obstruct any officer or employee 
of said Board or the State Veterinarian or any of his Deputies 
or any Stock Inspector in the discharge of his duty or in the 
exercise of his lawful powers or who shall wilfully or negli- 
gently break any quarantine, or wilfully or negligently suffer 
any quarantined animal or animals to escape from quarantine, 
shall be deemed guilty of a misdemeanor. (Act approved 
February 6, 1905, § 8.) (9th Sess. Chap. 7.) 

15,12. Meat and milk inspector office created, appointment. — 
The office of Meat and Milk Inspector is hereby created in the 
State of Montana for the Counties of the first, second and third 
class and immediately on the passage of this Act, the President 
and Secretary of the State Board of Health and the State 
Veterinarian shall appoint a Meat and Milk Inspector for the 
Counties of the first, second and third class, and when deemed 
necessary by the President and Secretary of the State Boara 
of Health and the State Veterinarian, or upon the request of 
one hundred tax payers in the Counties of the fourth, fifth, 
sixth and seventh classes they shall then appoint a Meat and 
Milk Inspector for said Counties of the fourth, fifth, sixth and 
seventh classes. (Act approved March 7, 1903, § 1.) (8th 
Sess. Chap. 120.) 

1 5 13. Deputy state veterinarian. Reports. — Such Meat and 
Milk Inspectors shall be designated Deputy State Veteri- 
narians, and shall make report at the end of each calendar 
month to the State Veterinarian of all things pertinent to their 
office, and shall also make an annual report at the end of the 
fiscal year, addressed to the State Veterinarian. (Act approved 
March 8, 1903, § 2.) (8th Sess. Chap. 120.) 

15 14. Salaries of inspectors. — Said inspectors of the counties 
of the first class shall receive an annual salary of Two Thou- 
sand Dollars ($2,000.00). Inspectors of the second class Coun- 
ties shall receive One Thousand Five Hundred Dollars 
($1,500.00) annually; Inspectors of the third class Counties 
shall receive One Thousand Two Hundred Dollars ($1,200.00) 
annually; Inspectors of the fourth class Counties shall receive 
One Thousand Dollars ($1,000.00) annually; Inspectors of the 
fifth class Counties shall receive Seven Hundred and Fifty Dol- 
lars ($750.00) annualfy; and Inspectors of the sixth and seventli 
class Counties shall receive Six Hundred Dollars ($600.00) 
annually, to be paid out of the general State fund monthly. 



STATE OF MONTANA. 27 

(Act approved March 7, 1903, § 2.) (8th Sess. Chap. 120.) 

1515. Qualifications. — No person shall be appointed to the 
office of Meat and Milk Inspector unless he is a graduate in good 
standing of some regular and reputable Veterinary Medical Col- 
lege, or of a Medical Department of a University, and must be 
registered and admitted to practice in the State of Montana, and 
before such appointment he shall be required to exhibit h:s 
diploma as such graduate, and if deemed necessary by the 
above mentioned Board, he shall pass an examination before 
said Board upon the specialty of Meat and Milk Inspection . 
(Act approved March 7, 1903, § 2.) (8th Sess. Chap. 120.) 

15 16. Removal of inspectors. — All inspectors appointed by 
the above mentioned Board shall be under the direct super- 
vision of the State Veterinarian Surgeon, and for cause may be 
removed at any time by said Board, consisting of the President 
and Secretary of the State Board of Health and the State 
Veterinarian. (Act approved March 7, 1903, § 3.) (8th Sess. 
Chap. 120.) 

1 5 17. Rules and regulations. — The rules, regulations and 
methods of inspection adopted by the Bureau of Animal 
Industry of the United States Government, supplemented by 
any rules deemed necessary by the aforementioned Board shall 
be taken as the standard of Meat Inspection, and shall be fol- 
lowed as closely as may be consistent by said Meat and Milk 
Inspectors appointed by said Board, provided said Inspectors 
are hereby empowered to enter any premises or any place 
whatsoever where animal food products are kept for sale, 
slaughter houses, markets, stores, or any building or premises 
of whatsoever character necessary for him to visit in the per- 
formance of his duties. (Act approved March 7, 1903, § 3.) 
(8th Sess. Chap. 120.) 

1 5 18. Powers and duties.— The Meat and Milk Inspector 
appointed by said Board shall have the right to condemn any 
meat, carcass or parts of carcasses, poultry or fish, or parts 
thereof, or all cattle, sheep, swine, poultry, fish, or any domestic 
animal, whatsoever, intended for food for human consumption, 
which is found, after examination, to be unfit for food, and it 
shall be said Inspector's duty to destroy all such contaminated 
meat or poultry or -fish by slashing said meat or muscular 
tissue, or poultry or fish, or carcass, or parts of carcasses of 
any domestic animal whatsoever, in numerous places, with a 



28 LIVE STOCK LAWS 

knife, and into such incision said inspector shall then pour 
or inject with a suitable syringe, sufficient kerosene to taint 
such meat or food product, and make it impossible to be used 
for human consumption. (Act approved March 7, 1903, § 5.) 
(8th Sess. Chap. 120.) 

1 5 19. Registration of dealers. Fees. — Any person, persons, 
or corporation selling or dealing in fresh meats, fish and 
poultry, in Counties in which a Meat and Milk Inspector is 
appointed, shall annually, before the first day of June, register 
in the books of such Inspector, and shall pay an Inspection 
license to such Meat and Milk Inspector in the sum of Fifteen 
Dollars ($15.00) per annum, payable quarterly in advance, and 
each and every wholesale and retail dealer handling, selling 
or dealing. in fresh fish and poultry where fresh meats are not 
sold or dealt in, shall pay an inspection license to such Meat 
and Milk Inspector in the sum of Four Dollars ($4.00) per 
annum, quarterly in advance, and all moneys so collected by 
said Inspector shall be by him paid into the State Treasury, 
quarterly, as received, to be turned into the general fund, and 
receipted therefor by the Treasurer to such general fund, and 
receipted therefor by the Treasurer to such inspector. (Act 
approved March 7, 1903, § 6.) (8th Sess. Chap. 120.) 

1520. (Unlawful to sell diseased meats. — It shall be unlawful 
to sell or offer for sale, buy or offer to buy, take or give away, 
for the purpose of food, any animal suffering from hog cholera, 
swine plague, charbon or anthrax, rabies, malignant epizooti:, 
catarrh, pyaemia or septicaemia, mange or scab, in advanced 
s.a^es. actinomvcosis. or lump jaw, inflammation of the lung?., 
the intestines or peritoneum, Texas fever, extensive or general- 
ized tuberculosis, animals in an advanced stage of pregnancy, 
or which have recently given birth to young, any disease or 
injury causing an elevation of the temperature or affecting the 
system of the animal to a degree which would make the flesn 
unfit for human food ; any organ or part of the carcass which 
is badly bruised or affected by tuberculosis, acinamycosis, 
cancer, abcess, suppurating sores or tape worm cyst, poultry 
or fish or other animal food products in a decaying or putrid 
condition, or poultry suffering from tuberculosis or other gen- 
eral disease, animals too young and immature to produce 
wholesome food ; animals too emaciated and aenaemic to pro- 
duce wholesome meat, distemper, glanders and farcy or any 



STATE OF MONTANA. 29 

other malignant disorder, acute inflammatory lameness and ex- 
tensive fistula. (Act approved March 7, 1903, §7.) (8th Sess. 
Chap. 120.) 

1 52 1. Federal inspection recognized. — Nothing in this Act, or 
any paragraph thereof, shall be so construed as to interfere 
with the offerings for sale of any wholesome meats, bearing 
the stamp or tag indicating that the 'same has been inspected 
by the United States Bureau of Animal Industry, or of any 
State or County, or municipal Inspector. Provided, however, 
that if there is any reason to believe that such 'meat is in a 
putrid, decaying or unwholesome condition, it shall be said In- 
spector's duty to inspect such meat whenever complaint is 
made to him relative thereto, or he personally has reason to 
believe that such condition exist, and should he find such meat 
in a putrid, decaying condition, or preserved by chemical pre- 
servatives, or in any condition making it unwholsome for 
human consumption, it shall then be his duty to destroy such 
meat, as is herein provided. (Act approved March 7, 1903, 
§ 8.) (8th Sess. Chap. 120.) 

1522. Inspection of dairies. — It shall be the duty of such 
Meat and Milk Inspector to inspect such dairy supplying milk 
to the public in his County for human consumption not less 
than once in every month during the calendar year, and it shall 
be the duty of such Inspector to issue to each person or per- 
sons, or corporation supplying milk to the citizens of such 
Counties of the State of Montana, a certificate of health every 
ninety days, which certificate of health shall include a certificate 
of the sanitary condition of such dairy. (Act approved March 
7> x 903> § 9-) (8th Sess. Chap. 120.) 

1523. Certificate of health for dairy cattle. — It shall be un- 
lawful for any person or persons, company or corporation, to 
feed unwholesome food of whatsoever character to his dairy 
cows. Each dairyman, person, persons, company or corpora- 
tion, supplying milk to the public, must have for each cow, his 
certificate of health, including the tuberculum test made by 
said Inspector, stating that each cow is free from tuberculosis 
or consumption, or any other infectious disease whatsoever. 
(Act approved March 7, 1903, § 10.) (8th Sess. Chap. 120.) 

1524. Inspection of milk. — Whenever in the observation of 
the Meat and Milk Inspector, oroper cleanliness of vehicles, 
utensils, pails, pans or other utensils, used in the accumulating, 
handling, or marketing of said milk is not up to 



30 LIVE STOCK LAWS 

the proper standard, it shall be the Inspector's duty to prohibit 
the said person or persons, or corporation from selling said 
milk, until such time as proper methods of cleanliness and pre- 
contaminate such milk or dairy product. (Act approved March 
7, I 9°3 ? § I2 (8th Sess. Chap.. 120.) 

1525. Dairies must be kept clean. — All persons or corpora- 
tions engaged in the dairy business and supplying milk to the 
citizens of the State of Montana, shall keep their barns or 
stables free from filth or manure or other substances likely Lo 
harbor or favor the growth of disease producing germs therein, 
or about their stables or barns likely to be carried in, or 10 
contain such milk or dairy product. (Act approved March 7, 
J 9<>3, § 12.) (8th Sess. Chap. 120.) 

1526. Duty to notify inspector of infected milk. — Any resi- 
dent of the State of Montana, 'to whose knowledge or observa- 
tion comes the fact that any dairyman, person or persons, or 
corporation, is supplying milk from any diseased cattle, or cat- 
tle fed on stable bedding, stable refuse, or any improper food 
of any character whatsoever, it shall be his duty to at once 
notify said Inspector of such County, who shall at once visit 
the premises or place indicated, and if he finds said complaint 
true, it shall then be said Inspector's duty to at once prohibit 
the future selling of the product of said dairy, or dealer, or 
corporation, and to at once file an information against said 
dairyman, person or persons, corporations or dealer. (Act ap- 
proved March 7, 1903, § 13.) (8th Sess. Chap. 120.) 

1527. Records of samples inspected. — Such Inspector sha'il 
keep in his book of records kept for the purpose the names and 
place of business of all persons engaged in the sale of milk and 
cream within the County, and the Inspector is hereby empower- 
ed to enter all places in which milk, cream, or dairy products 
are stored or offered for sale, and all vehicles used for the 
conveyance of milk or cream, and may take therefrom samples 
for analysis. The inspector shall, upon request made at the 
time such sample is taken, take, seal and deliver to the owner 
or person from whose possession the milk or cream or dairy 
products are taken, a portion of each sample, and a receipt 
therefor shall be given. The Inspector shall analyze such sam- 
ple, or otherwise satisfactorily test the same, and shall record 
and preserve such record as evidence of the result thereof, but 
no evidence of the result of such analysis or test shall be re- 
ceived if the Inspector, on request, refuses or neglects to seal 



STATE OF MONTANA. # 31 

and deliver a portion of the sample, taken as aforesaid, to the 
owner or person from whose possession it is taken. (Act 
approved March 7, 1903, § 14.) (8th Sess. Chap. 120.) 

1528. License of dairymen. — Any person, persons, or corpor- 
ation, in Counties in which a Meat and Milk Inspector is ap- 
pointed, who conveys milk or cream in vehicles of any char- 
acter whatsoever, for the purpose of selling it in such Counties, 
shall annually before the 1st day of June, be licensed by the 
[Meat and Milk Inspector of said County to sell milk and cream 
within the limits thereof, and shall pay to such Inspector for 
each and every vehicle of whatsoever character used in the saie 
or delivery of such milk or cream or dairy product, the sum of 
Twelve Dollars ($12.00) per annum, payable quarterly in ad- 
vance, which sums shall be paid into the State Treasury by 
such Inspector, quarterly as received, to be turned into the gen- 
eral fund, and receipted therefor by said Treasurer to said In- 
spector. 

Sub-Division 1. Licenses shall be issued only in the name 
of the owner of the vehicles, carriages or other conveyances. 

Sub-Division 2. Such license shall, for the purposes of this 
Act, be conclusive evidence of ownership, and shall not be 
assigned or transferred. 

Sub-Division 3. Each license shall contain the number 
thereof, the name, the residence, the place of business, the num- 
ber of vehicles used by the person, persons, or corporations, 
and the name of every driver or other person employed by 
the owner or' owners in carrving, conveying or selling milk or 
cream. 

Sub-Division 4. Each person, persons, or corporation shall, 
before engaging in the sale of milk or cream, or dairy pro- 
ducts of any character whatsoever, cause his name and num- 
ber of his license to be placed legibly on each outer side of 
all carriages or vehicles or conveyances of whatsoever character 
used by him the conveyance for sale of milk or cream. 

Sub-Division 5. Every person or persons, company or cor- 
poration, before selling milk or cream, or offering the same 
for sale in a store, booth, stand, market place, depot, or any 
place whatsoever, in a county in which a Meat and Milk In- 
spector is appointed, shall register in the books of such In- 
spector his or her name, or the name of the company or cox- 
poration, and proposed place of sale. 

Sub-Division 6. Nothing in Section 1528 (15), with the ex- 



32 LIVE STOCK LAWS 

ception of Sub-Division five, shall be construed to apply to 
dairies milking five cows, or less. (Act approved March 7, 
1903, § 15.) (8th Sess. Chap. 120.) 

1529. Adulterated milk. — Any person or persons, or servant 
or agents, or any other person who sells, exchanges, delivers, 
gives away, or has in his custody or possession, with intent 
to sell, exchange, or deliver, or give away or expose, or offer for 
sale or exchange adulterated milk or cream, or milk or cream 
containing filth or dirt, or milk or cream to which water, bor- 
acic acid, salt, salicylic acid, and salicylate of sodium, formalde- 
hyde, formaline, cornstarch, gelatine, isinglass, coloring matter, 
or any other extraneous substance has been added, or milk 
produced from cows which have been fed on swill or other 
improper food, or from sick or diseased cows, or whole milk 
from which the cream, or a part thereof has been removed, 
and whoever sells, exchanges or delivers, or has in his custody 
or possession with intent to sell or exchange, deliver or give 
away, skimmed milk, containing less than nine per cent, of 
milk solid, exclusive of fat, shall be deemed guilty of a mis- 
demeanor, and shall be punished, as provided in Section 1558 
(23) of this Act. (Act approved March 7, 1903, § 16.) (8th 
Sess. Chap 120.) 

1530. Standard of quality. — On any prosecution under the* 
provisions of this Act, milk upon which analysis is shown to 
contain less than twelve per cent of total solids, or less than 
nine per cent of solids exclusive of fats, or less than three per 
cent of fat, shall not be considered milk of good standard 
quality, and cream containing less than fifteen per cent of 
fat, which shall be the standard of quality for the State of Mon- 
tana, shall not be considered cream of good standard quality. 
(Act approved March 7, 1903, § 17.) (8th Sess. Chap. 120.) 

153 1. Unlawful to- sell milk below standard. — It shall be un- 
lawful for any person or persons, company or corporations, by 
his or their servant or servants, agent or agents, or as the ser- 
vants or agents of any other person, persons or corporation, 
to sell or offer for sale, exchange, or deliver or give away, or 
have in his or her custody or possession, with intent to sell, ex- 
change or deliver, milk or cream, which is not of good standard 
quality, as above prescribed. (Act approved March 7, 1903, 
§ 18.) (8th Sess. Chap. 120.) 

1532. Skimmed milk. — Any person, persons, or corporation, 
who, by his or their agent or agents, sells, exchanges, gives 



STATE OF MONTANA. 33 

away, or delivers, or has in his custody, with intent to sell, 
exchange or deliver milk, from which the cream or part there- 
of has been removed, not having- the words "Skimmed Milk" 
distinctly marked on a light ground in plain, dark, uncon- 
densed Gothic letters, at least one inch in length, in a conspicu- 
ous place upon every receptable, can or package, from, or in 
which such milk is contained, or is intended to be sold, ex- 
changed, given away, or delivered, shall be punished, as pro- 
vided in Section 1538 (23) of this Act. 

'Sub-Division 1. If such receptacle, can or package is of 
capacity of not more than two quarts, the said words may be 
placed upon a detachable label or tag attached thereto, and 
said' letters may be less than one inch in length. 

Sub-Division 2. Any milk found in such receptacles, vessels 
or cans, containing more than one per cent of butter fat, sha'l 
not be considered, within the meaning of this Act, "Skimmed 
Milk." (Act approved March 7, 1903, § 19.) (8th Sess. Chap. 
120.) 

1533. Counterfeiting seal. — It shall be unlawful for any per- 
son or persons, company or corporation, to cause, to make, or 
cause to be made, or use or have in his or her, or their posses- 
sion, an imitation or counterfeit of a seal used by the Meat and 
Milk Inspector in the inspection of milk or cream, or to change 
or tamper with the samples taken or sealed by the said In- 
spector. (Act approved March 7, 1903, § 20.) (8th Sess. 
Chap. 120. 

1534. Interference with inspector. — It shall be unlawful for 
any Meat or Milk Inspector, his servant or agent, to wilfully 
obstruct or assist in the violation of the provisions of this Act, 
or whoever hinders, obstructs or interferes with the Meat and 
Milk Inspector, or his servant or agent, in the performance of 
his duty, shall be guilty of a misdemeanor. (Act approved 
March 7, 1903, § 20.) (8th Sess. Chap. 120.) 

1535. Sale of milk from contaminated sources prohibited. — 
The Inspector shall prohibit the sale of milk by any person, 
persons, company or corporation supplying milk or cream or 
dairy products from cows that are permitted to drink con- 
taminated or unwholesome water, of any character whatsoever. 
(Act approved March 7, 1903, § 20.) (8th Sess. Chap. 120.) 

1536. Rules and regulations. — The President and Secretary 
of the State Board of Health and the State Veterinarian, are 



34 LIVE STOCK LAWS 

hereby empowered to establish any further rules and regula- 
tions necessary for the -efficient management and carrying out 
of said inspection, and the regulations of the Inspectors them- 
selves. (Act approved March 7, 1903, § 2.) (8th Sess. Chap. 
120.) 

1537. Appropriations for apparatus. — There is hereby appro- 
priated the sum of O'ne Thousand Dollars ($1,000.00) for the 
purpose of buying such chemical and other apparatus as may 
be absolutely necessary for the purpose of each Inspector in the 
chemical examination of meat and milk together with buying 
and supplying such inspectors with the necessary record books, 
tags, labels, brands or marks, designated by the State Veteri- 
narian, to be paid for on approval of said Board out of the said 
funds. Said apparatus shall be purchased by the President and 
Secretary of the State Board of Health and State Veterinarian, 
and be supplied to each County Meat and Milk Inspector, 
provided, that no money shall be paid out of this fund, except 
on the approval of said Board, and for the purposes above 
mentioned. (Act approved March 7, 1903, § 22.) (8th Sess. 
Chap. 120.) 

1538. Penalties. — Any person or persons, company or cor- 
poration, who violates any of the provisions of this Act, shall 
be deemed guilty of a misdemeanor, and shall be punished by 
a fine of not less than Five Dollars ($5.00), nor more than 
Three Hundred Dollars ($300.00), or imprisonment in the 
County Jail not less than ten, or more than ninety days, foi 
each separate offense, or by both such fine and imprisonment, 
and the continuance of such offense for any day shall be deem- 
ed a separate offense. (Act approved March 7, 1903, § 23.) 
(8th Sess. Chap. 120.) 

1539. Oath of Office. — Immediately after the appointment, 
and before taking office, each Inspector shall file with the 
Secretary of the State an oath of office, subscribed to by him, 
and a bond for a sum equal to his annual salary, for the faith- 
ful performance of his duty. Said bond shall be furnished 
with good and sufficient sureties, and be approved by the Secre- 
tary of State. (Act approved March 7, 1903, § 24.) (8th 
Sess. Chap. 120.) 

1540. Meat and milk inspector for cities. Appointment. — 
The office of Meat and Milk Inspector is hereby created 
cities having a population of 5,000 inhabitants or over within 



STATE OF MONTANA. 35 

the State of Montana, and immediately after the taking- effect 
of this Act, such cities shall appoint a Meat and Milk In- 
spector whose compensation shall be borne by the said cities, 
and shall be such as will secure the services of some competent 
and qualified person who shall take an oath of office to faith- 
fully perform the duties of his office and to execute an official 
bond to the said city in the sum of $5,000. No person shall 
be appointed to the office of Meat and Milk Inspector unless he 
is a graduate in good standing of some regular and reputable 
veterinary medical college, recognized by the American Veteri- 
nary Medical Association and admitted to practice within the 
State of Montana, and before such appointment he shall be 
required to exhibit his diploma as such graduate. (Act ap- 
proved March 14th, 1901, § 1.) (7th. Sess. 66-67.) 

1 541. Designation of place of slaughter. Method of inspec- 
tion. — It shall be the duty of the city council of all cities hav- 
ing a population required by this act to designate some place 
or places in or adjacent to the city where the cattle, sheep or 
swine, or other domestic animals intended for slaughter, sale 
and consumption for food in said city shall be brought for 
inspection on the hoof or where the meat of any such animal 
or animals shall be brought for inspection, which inspection 
shall be made without any unreasonable delay, and no fee or 
charge shall be made against or demanded of the owner or per- 
son who shall present any such animal or animals or meat in- 
tended for food for such inspection, but the same shall be 
inspected free of any expense whatever to the owner of said 
food animals intended for meat or on account of the services 
of such inspector. And it is hereby made the duty of such 
inspector to keep a correct record in a suitable and substantial 
book provided by the municipality for that purpose in which he 
shall record the name, place of residence and post office ad- 
dress of the owner or owners of all such animals intended for 
food and the carcasses or part of carcasses presented for in- 
spection, together with brands and marks and a full descrip- 
tion thereof. The rules, regulations and methods of inspection 
adopted by the Bureau of .Animal Industry, conducted by the 
United States Government, shall be taken as the standard 11 
meat inspection and shall be followed as closely as may be 
consistent by the Meat and Milk Inspectors appointed by the 
said cities. (Act approved March 14th, 1901, § 2. (7th Sess. 

67.) 



36 LIVE STOCK LAWS 

1542. Certificate of inspection. — All animals intended to be 
slaughtered for meat for human vconsumption shall be examined 
both before and after slaughter. The carcasses of all animals 
so inspected on hoof shall be properly tagged and marked 
with the official tag or mark of such municipality before being 
offered for sale, and such carcass or parts of carcass of any of 
the animals mentioned in this Act where the animals shall nor 
have been presented for inspection on hoof before being 
slaughtered shall be inspected before being offered or exposed 
for sale, and such carcass or carcasses or meat as shall be 
found upon inspection and examination to be wholesome and 
fit for food shall be marked as above mentioned by the in- 
spector with a tag similar in form and character to that used 
by the Bureau of Animal Industry, Department of Agricul- 
ture, which tag shall be adopted and designated by the city 
council of such municipality as the city stamp or certificate 
for the designation of wholesome and healthy meat. Provided, 
that nothing herein contained shall be so construed as to pre- 
vent any person from slaughtering any healthy animal the 
meat of which is intended for his own use or that of his fam- 
ily, but shall not be offered for sale for public consumption. 
Provided, further, however, that nothing in this Act shall be so 
construed as to permit any person to slaughter and offer for 
sale any meat or meats intended for domestic consumption be- 
fore being inspected on the hoof, except where such slaughter 
may be conducted in a locality inaccessible to said municipal 
meat and milk inspector. (Act approved March 14th, 1901, 
§ 3.) (;th Sess. 67-8.) 

1543. Inspection of meat intended for sale. — It shall be the 
duty of the inspector to make inspection of the meats, carcas- 
ses and animals mentioned in this Act which may be presented 
for inspection at the place or places designated by the munici- 
pal council and keep the records aforesaid in the manner herein 
provided, which inspection or inspections shall be made by him 
as soon as possible and without unreasonable or unnecessary 
delay and he shall attach to all such meats so inspected ani 
examined and found suitable and wholesome and fit for con- 
sumption a tag such as is prescribed above, indicating that 
fact. (Act approved March 14th, 1901. § 4.) (7th Sess. 68.) 

1544. Right to condemn unfit articles. — The Meat and Milk 
Inspector appointed by said cities shall have the right to con- 



STATE OF MONTANA. 37 

demn any meat, carcass or carcasses, or parts thereof, of all 
cattle, sheep, swine or other domestic animal intended for 
food which they find after examination to be unfit for food, and 
it shall be said inspector's duty to destroy all such condemned 
meat by slashing said meat and muscular tissue deeply in num- 
erous places with a knife, into which he shall then pour suffi- 
cient kerosene to taint such meat and make it impossible to be 
used for human consumption. (Act approved March 14th, 
I 9 OI > § 5- (7 tn Sess. 68-9.). 

1545. Sale of diseased articles prohibited. — It shall be un- 
lawful to sell or offer for sale, buy or offer to buy, take or 
give away for the purpose of food, any animal suffering from 
hog cholera, swine plague, charbon, or anthrax, rabies, malig- 
nant epizootic, catarrh, pyaemia and septocaemia, mange or 
scab in advanced stages ; advanced stages of actinomycosis or 
lumpy jaw, inflammation of the lungs, the intestines or the 
peritoneum; Texas fever; extensive or generalized tuberculosis; 
animals in advanced ,stage of pregnancy or which having re- 
cently given birth to young; any disease or injury causing 
elevation of temperature or affecting the system of the ani- 
mal to a degree which would make the flesh unfit for human 
food; any organ or part of the carcass which is badly bruised 
or affected by tuberculosis, actinomycosis, cancer, abcess, sup- 
purting sore or tape worm cysts ; animals too young and imma- 
ture to produce wholesome food ; animals too emanciated and 
anaemic to produce wholesome meat ; distemper, glanders and 
farcy or any other malignant disorder ; acute inflammatory 
lameness and extensive fistula. (Act approved March 14th, 
1901, § 6.) (7th Sess. 69.) 

1546. Penalty for selling without inspection. — Any person or 
persons, company or corporations which shall sell or offer for 
sale, buy or offer to buy, take or give away, within the limits 
of said city any carcass or carcasses or portion thereof of any 
cattle, sheep or swine or other domestic animal which has not 
been inspected and tagged as herein required, except as herein 
stated, or shall violate any of the provisions of this Act, shall 
be guilty of a misdemeanor and upon conviction thereof be pun- 
ished by a fine of not less than $50 nor more than $500 for each 
separate offense. (Act approved March 14th, 1901, § 7.) (7th 
Sess. 69.) 

1547. Act not to interfere with federal inspection. — Noth- 



38 LIVE STOCK LAWS 

ing in this act nor any paragraph thereof shall be so construed 
as to interfere with the offering for sale of any meats bearing 
a stamp or tag indicating that the same has been inspected by 
the United States Bureau of Animal Industry or of any state, 
county or municipal meat inspector where regulations equal to 
those prescribed herein are observed. Provided, however, that 
if there is any reason to believe that such meat is in a putrid, 
decaying or unwholesome condition, it shall be said municipal 
meat and milk Inspector's duty to inspect such meat when- 
ever complaint is made to him relative thereto, and should 
he find such meat in a putrid, decaying or unwholesome con- 
dition, it shall then be his duty to destroy such meat as is 
herein provided. (Act approved March 14th. 1901, § 8.) (7th 
Sess. 69-70.) 

1548. Inspection of dairies. — And it shall be the duty of saii 
Meat and Milk Inspector to inspect each dairy supplying milk 
to such municipality, not less than once in every month of the 
calendar year. -And it shall be the duty of such Inspector to 
issue to each person or persons or corporations supplying milk 
to the citizens of such municipality a certificate of health ever}- 
ninety days, which certificate of health shall include a certifi- 
cate of the sanitary conditions of said dairy and must specify 
each and every cow within said dairy from which milk is sup- 
plied to the public. (Act approved March 14th, 1901, § 9.) 
(7th Sess. 70.) 

1549. Dairymen. Penalties. — It shall be a misdemeanor for 
any dairyman, person, persons, or corporation to feed unwhole- 
some food of whatsoever character and for each offense the 
owner or owners of such dairy shall be fined not less than S50 
nor more than $500. Each dairyman, person, persons or cor- 
poration supplying milk to the public must have for each cow 
a certificate of health, including the tuberculin test made by 
said inspector, stating that said cow is free from tuberculosis 
or consumption or any infectious or other diseases whatsoever. 
Any dairyman having in his own family or among his employes, 
or about his premises any one suffering from diphtheria, scarlet 
fever, typhoid fever or any infectious or contagious disease that 
may or might contaminate said milk, is prohibited from sell- 
ing said milk to the public for such period as such disease 
or diseases exist in his or her family or among his or her em- 
ployees and said inspector has satisfied himself that such prem- 



STATE OF MONTANA. 39 

ises have been thoroughly disinfected and has issued a certi- 
ficate so stating. (Act approved March 14th, 1901, § 10.) 
(7th Sess. 70.) 

1550. Tests of milk. — The milk supplied by said dairies or 
purveyors of milk, shall not contain less than three percentum 
of butter fats or less than tewlve per centum of total of milk 
solids, and shall come up to a normal and accepted specific 
gravity test for milk, not less than 1025. (Act approved 
March 14th, 1901, § 11.) (7th Sess. 70-1.) 

1 55 1. Prohibiting sales from unclean vessels. — When, in the 
belief of the said meat and milk inspector proper cleanliness 
of the buckets, pans, cans, and other utensils used about, accu- 
mulating, handling and marketing of said milk is not up to the 
proper standard, it shall be the inspector's duty to prohibit said 
dealer, person or persons or corporations, from selling milk 
until such time as proper methods of cleanliness and precaution 
are used in its handling. (Act approved March 14th, 1901, § 
12.) (7th Sess. 71.) 

1552. Duty of dairymen to keep premises clean. — All persons 
or corporations engaging in the dairy business and supplying 
milk to the citizens of said municipalities shall keep their barns 
and stables free from filth or rubbish or manure likely to har- 
bor or favor the growth of disease producing germs within or 
about their stables likely to be carried within said milk. (Act 
approved March 14th, 1901, § 13.) (7th Sess. 71.) 

1553. Duties of inspector to test milk offered for sale. — It 
shall be the duty of said inspector to stop at any time he may 
deem fit any dairy wagon, cart, or vehicle of any character, 
person, or persons hauling, carrying or conveying milk that is 
intended for public consumption, and there and then take cog- 
nizance of any irregularity in such milk or the method of hand- 
ling or distributing said milk. He shall ascertain if it is not up 
to the regular standing, or the recognized standard to which 
milk should come, and if he finds said milk deficient in any of 
its nutritive qualities or to contain any drug or preservative or 
coloring matter or other extraneous matter, he shall there and 
then condemn such milk ; and such dairyman or milkman, or 
person or persons or corporation whos product shall be con- 
demned shall be prohibited from selling any milk until they 
shall have received a written permit from said inspector per- 
mitting him so to do. Provided, that such inspector shall, if 



40 LIVE STOCK LAWS 

requested by such dairyman, take from the same can of milk 
from which he shall have taken any quantity of milk for the 
purpose of testing the same at least one pint of such milk, 
place the same in a bottle, adding sufficient formaldehyde to 
such milk to prevent fermentation and seal and mark such 
milk in such manner as to identify the same and deliver the 
same to such dairyman who may have said milk analyzed and 
tested by any chemist competent to analyze such milk in order 
that said dairyman may ascertain the correctness of the in- 
spector's analysis of such milk. Provided, that at the time of 
taking such specimen for said dairyman and for said inspector 
a third specimen shall be taken by said inspector consisting 
of not less than one pint of said milk, which shall be taken 
from the same can from which the other specimens were taken 
which must be sealed in the presence of said dairyman, person, 
persons or agent and which said specimen shall be immediately 
forwarded to the Chemist of the Agricultural Experiment Sta- 
tion at Bozeman for analysis, and said chemist of said Agricul- 
tural Experiment Station shall in all cases, when so requested 
by said dairyman, person or persons or corporation act as 
umpire in said chemical analysis. (Act approved March 14th, 
1901, § 14.) (7th Sess. 71-2.) 

1554. Duty to notify inspector of violation of act. — Any 
resident of the State of Montana, to whose knowledge or obser- 
vation comes the fact that any dairyman, person or persons or 
corporation is supplying milk from any diseased cattle, or cattle 
fed on stable bedding, stable refuse or other improper food of 
any character whatsoever, it shall be his duty to at once notify 
said inspector of such municipality who shall at once visit the 
premises or place indicated and if he finds the complaint to be 
true it shall then 'be the said inspector's duty to at once pro- 
hibit the further selling of the products of such dairy or dealer 
and at once file an information against said dairyman, person, 
persons, corporation or dealer in the nearest court. (Act ap- 
proved March 14th, 1901, § 15.) (7th Sess. J2.) 

r 555- T° what products act is applicable. — This act shall 
apply to all the products of the dairy in any municipality to 



STATE OF MONTANA. 41 

which this Act applies where sold in the state, county or any 
municipality to which the district covered by said inspector 
belongs. (Act approved March 14th, 1901, § 16. (7th Sess. 

72.) 

1556. Adulteration of milk. — It shall be a misdemeanor to 
adulterate milk in any manner whatsoever in a way likely to 
produce an unwholesome change in said milk, or disease to the 
consumer, and such milk shall be prohibited from exposure to 
sale, and any violation of this section shall be a misdemeanor 
and be punished as is herein mentioned within the meaning of 
this Act. The use of any product or any unnatural method 
whatsoever for the preservation or changing of milk except- 
ing pasteurizing or sterilization, shall be a misdemeanor and be 
punished as is provided for in this Act. (Act approved March 
14th, 1901, § 17.) (7th Sess. 73.) 

1557. What cities may adopt act. — Any City in the State of 
Montana having a population of less than 5,000 inhabitants 
shall have the option of adopting the sanitary provisions of this 
Act. Provided, however, that it shall be unlawful to offer for 
sale, take or give away any meat from a diseased animal com- 
ing under the provisions of this act or any milk from a diseased 
cow or adulterated or chemically preserved milk or milk con- 
taining any extraneous substance within the provisions of this 
act within the State of Montana. (Act approved March 14th, 
1901, § 18.) (7th Sess. 73.) 

1558. Penalty for violation. — Any violation of the provisions 
of this Article shall be a misdemeanor and shall be punished 
by a fine of not less than $50 nor more than $500 for each 
separate offense. (Act approved March 14th, 1901, § 19.) 
(7th Sess. 73.) 



STATE VETERINARY SURGEON. 

1836. Appointment and qualifications of state veterinary 
surgeon. — The Governor is authorized to nominate, and, by and 
with the consent of the Senate, appoint a competent Veterinary 
Surgeon, who shall be known as the "State Veterinary Sur- 
geon," and who shall hold his office for a term of four years, 
and until his successor, shall be appointed and qualified, unless 
he be sooner removed for cause, and who must, before entering 
upon the performance of his duties, execute a bond in the sum 
of five thousand dollars, and take and subscribe the oath of 



42 LIVE STOCK LAWS 

office prescribed by the constitution. The person so 
appointed must be a graduate in good standing of some recog- 
nized, regular and reputable Veterinary College, or Veteri- 
nary Department of a regular and reputable university; must 
be legally qualified to practice in the State of Montana, and 
must have had at least five years' continuous practical exper- 
ience in his profession, and his selection must be based upon 
competency and efficiency alone. (Act approved March 7, 
1907, § 1.) (10th Sess. Chap. 160.) 

1837. Duties of state veterinary surgeon. — The duties of the 
State Veterinary Surgeon are : 

1. To investigate all cases of infectious or contagious 
diseases among cattle, horses, mules, asses, sheep, goats, swine 
and all other domestic animals in this State, of which he may 
have a knowledge, or which may be brought to his notice, and 
in the absence of specific information, to make visits of inspec- 
tion to any locality, where he may have reason to suspect that 
there is any infectious or contagious disease. 

2. To inspect, under the regulations of this Article, all such 
animals which may be brought into this State, in any manner 
whatever, from or through juch state or territory or foreign 
country, as the Governor may declare by proclamation, must be 
held in quarantine, for the purpose of inspection. 

3. To inspect, under the regulations of this Article, all such 
animals in this State, or that may be brought into this State, 
in any manner whatever, from any other State, territory or 
foreign country. 

4. To quarantine any premises, in which animals affected 
with any infectious or contagious disease are, or have been 
kept, and to quarantine such animals, which are affected with 
or have been exposed to any infectious or contagious disease, 
and to define the limits within which they must be kept, the 
time they shall be detained, and the conditions on which they 
shall be released therefrom. 

5. For the purpose of making such inspection, or perform- 
ing any of his duties, he has authority to enter any en- 
closure, corral, car, shed, barn, stable or other building, in 
which animals are, or have been kept. (Act approved Feb- 
ruary 2J, 1905.) (9th Sess. Chap. 38.) 

1838. (■§ 3002.) Owners must notify veterinary surgeon. — 
After the making of such proclamation the owner, or person 



STATE OF MONTANA. 43 

in charge, of any animals,. arriving in this state from or through 
any state, territory, or foreign country, against which quaran- 
tine has been declared, must notify the state veterinary surgeon 
without delay, and must not allow such animals to leave the 
place of arrival until they have been examined by the veteri- 
nary surgeon, and his certificate obtained that all such animals 
are free from disease ; and no animals pronounced unsound 
from disease by the veterinary surgeon, must be turned loose, 
or allowed to run at large, or removed or permitted to escape, 
but must be held subject to the order of the veterinary surgeon. 
Any person failing to comply with the provisions of this sec- 
tion is punishable as provided in Section 8447 (1174) of the 
Penal Code, and is liable for any damage and loss that may be 
sustained by any person by reason of the failure of such owner 
to comply with the provisions of this section. 

: 839- (§ 3°°3-) Exceptions. — The owner of such animals, 
ridden under the saddle or driven in harness into this state, or 
under yoke, and any person coming into this state with his own- 
team or teams, is not required to notify the veterinary surgeon, 
or await the inspection of the animals, but he is liable for all 
loss or damage to any person by reason of any contagious or 
infectious disease brought into the state by his animals ; and no 
such animals must be held in quarantine for a longer period 
than ninety days, unless contagious or infectious disease is 
found to exist among them. 

1840. (§ 3004.) Quarantine, when ordered. — In all cases of 
contagious or infectious disease among domestic animals or 
Texas cattle in this state, the veterinary surgeon has authority 
to order the quarantine of the infected premises, and in case 
such disease becomes epidemic in any locality in this state, 
the veterinary surgeon must immediately notify the governor, 
who must thereupon issue his proclamation forbidding any ani- 
mal of the kind among which said epidemic exists to be trans- 
ferred from said locality without a certificate from the veteri- 
nary surgeon showing such animal to be healthy. The ex- 
penses of holding, feeding and taking care of all animals quar- 
antined under the provisions of this article, must be paid by 
the owner, agent or person in charge of such animals. 

1 841. (§ 3005.) To order diseased animals slaughtered. — In 
case of any epidemic disease where premises have been pre- 
viously quarantined by the veterinary surgeon, as before pro- 



44 LIVE STOCK LAWS 

vided, he is further authorized and empowered, when in his 
judgment necessary, to order the slaughter of any and all such 
diseased animals upon said premises, and all such animals as 
have been exposed to. contagion or infection, under the follow- 
ing restrictions: The order must be a written one, and must 
be made in duplicate, and there must be a separate order and 
duplicate for each owner of the animals condemned, the origi- 
nal of each order to be filed by the veterinary surgeon with the 
secretary of state, and the duplicate given to the owner. Be- 
fore slaughtering any animal that has been exposed only, and 
does not show disease, the veterinary surgeon must call in con- 
sultation with him two practicing veterinary surgeons or 
physicians, residents of the state, or if this is impossible, then 
two stock owners, residents of the state, and he must have 
written indorsements upon his order of at least one of the con- 
sulting persons, stating that such action is necessary before the 
animal is slaughtered. 

1842. ('§ 3006.) Appraisers as to value. — Whenever, as : n 
this article provided, the veterinary surgeon orders the 
slaughter of one or more animals, he must at the time of mak- 
ing such order notify in writing the nearest available justice of 
the peace, who must thereupon summon three disinterested 
citizens, who are stock owners in the neighborhood, to act as 
appraisers of the value of the animal. The appraisers before 
entering upon the discharge of their duties, must be sworn + o 
make a true and faithful appraisement without prejudice or 
favor. They must, after making their appraisement, return 
certified copies of their valuation, a separate one being made 
for each owner, together with an accurate description of each 
animal slaughtered (giving all brands, ear-marks, wattles, age, 
sex, and class, as to whether American or half-breed or Texan), 
to the justice of the peace by whom they were summoned, 
who must, after entering the same upon his record and making 
an indorsement upon each, showing it to have been properly 
recorded, return it together with a duplicate order of the veteri- 
nary surgeon, to the person owning the animal slaughtered; 
and it is the duty of the veterinary surgeon to superintend the 
slaughter of such animals as may be condemned, and also the 
destruction of the carcass, which latter must be by burning to 
ashes, or burying in the earth to a depth of not less than six 
feet, and which must include every part of the animal and 



STATE OF MONTANA. 45 

hide, and also excrement as far as possible. If the owner of 
any animal found diseased by the veterinary surgeon is killed, 
or consent to its being killed by the veterinary surgeon without 
appraisement, then the veterinary surgeon must burn or bury 
it as herein provided. 

1843. ('§ 3°°7-) Reports of veterinary surgeon. — The veteri- 
nary surgeon must make an annual report on or before the 
first day of October to the state board of stock commissioners 
of all matters connected with his work, and the board must 
make the same a part of their annual report to the governor 
and they must also transmit to the several boards of county 
commissioners such parts of the report as they consider neces- 
sary and of general interest to the breeders of live stock. The 
board must also give information in writing as soon as it is 
obtained to the governer and to the various boards of county 
commissioners, of each case or supposed case of disease in each 
locality, the cause, if known, and the measures adopted to 
■check it. 

1844. (§ 3008.) Importation, when prohibited. — Whenever 
the governor has good reason to believe that any disease men- 
tioned in this article has become epidemic in certain localities 
in another state or territory, or that conditions exist that 
render domestic animals and Texas cattle likely to convey 
disease, he must by proclamation, designate such localities, and 
prohibit the importation therefrom of any live stock of the kina 
diseased into this state, except under such restriction as he, 
after consultation with the veterinary surgeon, may deem 
proper. Any person who, after the publication of such procla- 
mation, knowingly receives in charge any animal from any of 
the prohibited districts, and transports or conveys the same 
within the limits of this state, is punishable as provided in 
§ 8448 (1175) of the Penal Code, and is further liable for any 
and all damages and loss that may be sustained by any person 
by reason of the importation or transportation of such pro- 
hibited animals. 

1845. (§ 3°°9) Persons to report contagious diseases to 
veterinary surgeon. — It is the duty of any person who has upon 
his premises, or upon the public domain, any case of contagious 
or infectious disease among such animals, to immediately re-,, 
port the same to the veterinary surgeon, and a failure so to do 
or any attempt to conceal the existence of such disease, or to 



46 LIVE STOCK LAWS 

wilfully or maliciously obstruct or resist the veterinary sur- 
geon in the discharge of his duty, is punishable as prescribed 
in § 8449 ( ri 76) of the Penal Code, and forfeits all claims 
to indemnity for loss from the state. 

1846. (§ 3010.) Diseased animals not to be sold or slaught- 
ered for food. — The following regulations must be observed 
in all cases of disease mentioned in this article : 

1. It is unlawful to sell, give away, or in any manner part 
with, any animal affected with, or suspected of being affected 
with, contagious or infectious disease ; and in case of any ani- 
mal that may be known to have been affected with or exposed 
to any such disease, within one year prior to such disposal, due 
notice of the fact must be given in writing to the party receiv- 
ing the animal. 

2. It is unlawful to kill for the purpose of selling the meat, 
any such animal, or to> sell, give away or use any part of it, or 
its milk, or to remove any part of the skin. A failure to ob- 
serve these provisions is punishable as provided in § 8449 
(1176) of the Penal Code. It is the duty of the owner or the 
person having in charge any such animal affected with, or sus- 
pected of being affected with, any contagious or infectious dis- 
ease, to immediately confine the same in a safe place, isolated 
from other animals, and with all necessary restrictions to pre- 
vent dissemination of the disease, until the arrival of the veteri- 
nary surgeon. These regulations apply as well to animals in 
transit through the state as to those resident therein; and the 
veterinary surgeon or his duly authorized agent, has authority 
to examine, in car, yard, pastures or stables, or upon the pub- 
lic domain, all such animals, and on detection of disease, to 
take possession of, and treat and dispose of the animals in the 
same manner as provided by this article. 

1847. (§ 3 OII Payment for diseased animals killed. — All 
claims arising from the slaughter of animals, under the pro- 
visions of this article, together with the order of the veterinary 
surgeon, and the valuation of the appraisers in each case, must 
be submitted to the state auditor, and for each claim that he 
finds to be equitable and entitled to indemnity under this arti- 
cle, must issue to the person entitled thereto, his warrant on 
the stock indemnity fund in the state treasury for the sum 
named in the appraisers' report. In auditing any claim under 
this article, the auditor must satisfy himself that it does not 



STATE OF MONTANA. 47 

come under any class for which indemnity -is prohibited by this 
article, and he must require the affidavit of the claimant to 
this fact, or if the claimant be not cognizant thereof, then of 
some reputable person who is cognizant thereof; and also the 
certificate of the veterinary surgeon, whose duty it is to in- 
form himself fully of the fact, that in his opinion the claim is 
legal and just, and the auditor may, in his discretion, require 
further proof. 

1848. (§ 3012.) Payment of indemnity. — The indemnity 
granted is the value of the animal as determined by th%: ap- 
praisers with reference to its diminished value because of being 
diseased or having been exposed to disease. The indemnity 
must be paid to the owner upon his application and the pre- 
sentation of the proofs prescribed herein, and such application 
must be made within six months after the slaughter of the 
animal, or the claim is barred. The right to indemnity under 
this article is limited to animals destroyed by reason of the 
existence of some epizootic disease generally fatal and incur- 
able, such as rinderpest, hoof and mouth disease, pleuro-pneu- 
monia, anthrax or Texas fever, among bovines, and glanders 
among horses, mules and asses. For the ordinary contagious 
diseases, not in their nature fatal, such as epizootic and influ- 
enza in horses, no indemnity must 'be paid. The right to 
indemnity does not exist, and the payment of such must not 
be made in the following cases: 

1. For animals belonging to the United States. 

2. • For animals that are brought into the state contrary to 
the provisions of this article. 

3. For animals that are found to be diseased, or that are 
destroyed because they have been exposed to disease before or 
at the time of their arrival in the state. 

4. When an animal was previously affected by any other 
disease, which, from its nature and development, was incur- 
able and necessarily fatal. 

5. When an owner or person in charge has knowingly or 
negligently omitted to comply wit'h the provisions of § 1845 
(3009) and 1846 (3009) and 1846 (3010) of this article. 

6. When an owner or claimant, at the time of coming into 
possession of the animal, knew it to be diseased or received 
the notice specified in the first clause of § 1846 (3010), of this 
article. ' 



48 LIVE STOCK LAWS 

7. When the animal has been brought into the state within 
ninety days immediately preceding the outbreak of disease, on 
account of which such animal was killed. (Act approved 
March 7, 1895.) 

1849. Salary and expenses of state veterinary surgeon. — The 
State Veterinary Surgeon shall receive an annual salary of 
three thousand dollars, together with his actual and necessary 
traveling and office expenses, and must devote his entire ser- 
vice to the duties of his office, and he must be authorized to 
appoint a stenographer at a salary not exceeding twelve hun- 
dred dollars per annum. (Act approved March 7, 1907, §2.) 
(10th Sess. Chap. 160.) 

1850. (■§ 3014.) Fees of appraisers and others. — The ap- 
praisers mentioned in this article receive three dollars for each 
day or part of a day they are actually employed, which must be 
paid from the state treasury out of the stock indemnity fund 
in this article provided, upon vouchers which bear the certificate 
of the justice who summoned them. The justice receives his 
ordinary fee for issuing a summons, to be paid out of the stock 
indemnity fund. The persons called in consultation by the 
veterinary surgeon each receive three dollars for each day or 
part of a day they are actually employed and ten cents per 
mile, for distances actually traveled, which sums must be paid 
from the state treasury out of the stock indemnity fund upon 
vouchers certified to by the veterinary surgeon. The incidental 
expenses in causing animals to be slaughtered and their car- 
casses to be burned and disinfecting infected premises, must 
be paid from the state treasury out of the stock indemnity fund, 
upon vouchers. 

I 85i. (§ 3015. Liability of animals destroyed. — The liabil- 
ity for indemnity for animals destroyed and for fees, costs and 
expenses incurred under the provisions of this article in any 
year is limited by, and must in no case exceed, the amount 
especially designated for the purpose and for that period, by 
the terms of this article ; nor must the veterinary surgeon or 
any one else incur any liability under the provisions of this 
article in excess of the surplus in the stock indemnity fund 
hereinafter provided; nor must any act be performed or prop- 
erty taken under the provisions of this article become a charge 
against the state. 

1852. (§ 3017.) Place of quarantine. — The veterinary sur- 



STATE OF MONTANA. 49 

geon must select the place where stock must be quarantined. 
1853. Deputy veterinary surgeon. — The Veterinary Surgeon 
has power tq appoint from time to time one deputy at any time 
he cannot personally attend to all the duties required by his 
office at a salary not to exceed five dollars per day for each day 
actually employed, together with his actual and necessary 
traveling expenses, to be paid out of the stock indemnity fund. 
(Act approved March 16th, 1901.) (7th Sess. 129.) 



REGULATIONS FOR THE PROTECTION OF THE 
SHEEP INDUSTRY. 

1854. Board of sheep commissioners. Constitution and ap- 
pointment of board. — The Governor of the State of Montana is 
hereby directed and empowered to. appoint a Board of Sheep 
Commissioners consisting of one member of each of the coun- 
ties of the State, which appointment shall be made with the 
consent of the Senate, when in session. The members of said 
Board, before entering upon their duties, shall take the oath 
of office prescribed by the Constitution, which oath of office 
must be filed in the office of the Secretary of State. (Act 
approved February 28, 1905, § 2.) (9th Sess. Chap. 45.) 

1855. Qualification of members. Term of office. — Each mem- 
ber of said Board shall be an actual resident of the County for 
which he is chosen, and an owner of sheep within the State, 
or directly interested therein, and must, during his term of 
office, reside within such county. The members of said Board 
shall hold office for a term of two years, and until their suc- 
cessors are appointed and qualified, and in case of vacancy in 
said Board from death, resignation or otherwise, the Governor 
shall fill such vacancy by appointment. (Act approved Feb- 
ruary 28th, 1905, § 2.) (9th Sess. Chap. 45.) 

1856. Organization of board of sheep commissioners. — The 
board must organize by electing one of its members or some 
sheep owner of the State as president, and one of its mem- 
bers as vice president, and appointing a competent person as 
secretary, which secretary shall receive such compensation as 
may be allowed by said board. The members of the board 
shall receive actual expenses incurred by them in the perform- 
ance of their duties, but shall receive no other compensation 
for their services, except as inspectors or deputy inspectors, 
or protecting the sheep industry as may be prescribed by the 



50 LIVE STOCK LAWS 

rules of the board. Five members shall constitute a quorum 
for the transaction of business. It shall be the duty of the 
vice-president to act as president in the absence of the presi- 
dent from the state, or from a meeting. (Act approved March 
8, 1907, § 2.) (10 Sess. Chap 173.) 1 

1857. Inspection districts. Duties of board. — The Board 
may divide the State into suitable districts for inspection pur- 
poses and provide for and appoint^ Inspectors and Deputy 
Inspectors, when necessary. It shall be the duty of the Board 
to exercise a general supervision over the sheep industry of 
the State, and to do all acts that, in their judgment, will foster 
and develop said industry, and protect the same from theft 
and disease, and shall devise and recommend from time to 
time, such legislation as, in their judgment, will foster and 
develop said industry. The Board may employ all proper and 
lawful means to procure the attendance of witnesses before ir, 
and may employ attorneys to advise the Board and to assist in 
the prosecution of any person or persons guilty of any offense 
against any of the laws and interests of sheep owners, and the 
protection and fostering of the sheep industry. The Board 
shall have power to make rules and regulations for its own 
government, and for the guidance and direction of Sheep Com- 
missioners of each county and the Inspectors, and may convene 
whenever necessary, provided that there shall be at least one 
meeting of said Board each year. The duties of the Secretary 
shall be such as may be prescribed by the Board. (Act ap- 
proved February 28, 1905, § 4.) (9th Sess. Chap. 45.) 

1858. Expenses. — It is the duty of the Board, to audit all 
bills for expenses incurred in the protection or fostering of the 
sheep industry, under the provisions of this Act, and if found 
correct, to certify the same to the State Auditor, who shall 
present the same to the State Board of Examiners, and when 
approved by said Board, he shall draw a warrant on the State 
Treasury in favor of the person or persons entitled to such 
compensation or reimbursement, in the sum so certified and 
approved, payable out of the "Sheep Inspection and Indemnity 
Fund." (Act approved February 28, 1905, § 5.) (9th Sess. 
Chap. 45.) 

1859. Annual report. — The Board must make an annual re- 
port in writing, to the Governor, on or before the 20th day of 
December in each year. Such report must give a complete 



STATE OF MONTANA. 51 

statement of the transactions of the Board 'during the year, 
and a summary of the reports of the Sheep Inspectors. (Act 
approved February 28, 1905, § 6.) (9th Sess. Chap. 45.) 

i860. Appointment of inspectors. — The Board of Sheep 
Commissioners, when in session, or when not in session, the 
President of said Board must, upon request of any organized 
wool growers' associations in the State, or of any three sheep 
owners in any county, or upon request of a State Veterinan^ 
Surgeon, appoint a capable person as Sheep Inspector for sucn 
county, who shall hold his office during the pleasure of the 
Board, or when the Board is not in session at the pleasure of 
the State Veterinary Surgeon, and the President of the Board, 
and must perform the duties hereinafter prescribed. The 
Sheep Commissioners of each County may recommend a suit- 
able person for Inspector. The Board of Sheep Commission- 
ers, or when the Board is not in session, the President thereof, 
or the State Veterinary Surgeon, may when deemed necessary, 
appoint one or more special Inspectors, who shall make and file 
the same oath, perform the same duties, and have the same 
power and authority as Inspectors. The Sheep Commissioner 
of any county may be appointed Inspector, or Special Inspector, 
and when acting as such Inspector, or Special Inspectors, shail 
be entitled to the same compensation as Inspectors. (Act ap- 
proved February 28, 1905 § 7.) (9th Sess. Chap. 45.) 

1861. Qualifications and oath of inspectors. — The Inspector 
need not be a resident of the county for which he is appointed. 
He must, before entering upon the duties of his office, take the 
oath of office prescribed by the Constitution, which oath of 
of office shall 'be filed with the Secretary of State. The Board 
of Sheep Commissioners, or when the Board is not in session 
the President of said board, or the State Veterinary Surgeon, 
may request an Inspector of one county to go to another 
county and perform the duties of Inspector therein, or to assist 
the Inspector of such County, and when appointed to assist 
an Inspector, the Inspector of that county shall have general 
supervision and control over the work to be performed. (Act 
approved February 28, 1905, § 8.) (9th Sess. Chap. 45.) 

1862. Enforcement of quarantine. — The Board of Sheep 
Commissioners, and when the Board is not in session, the 
President of said Board, or the State Veterinary Surgeon, may 
employ persons to take charge of all diseased sheep when in 



52 LIVE STOCK LAWS . 

quarantine or otherwise, upon refusal of owners to take proper 
care and to assist (the Sheep Inspector, and the person so em- 
ployed shall be under the supervision and control of the Sheep 
Commissioner and Inspector of that county. (Act approved 
February 28, 1905, § 9.) (9th Sess. Chap. 45.) 

1863. Duties of inspectors. — The Inspector must inspect all 
sheep within his county, which he may have received notice 
or information are affected with, or have been exposed to any 
infectious or contagious disease, and in case he finds the same 
are not so diseased, or exposed, he must make and issue a 
certificate, stating such facts ; but if the sheep are affected with 
or have 'been exposed to any infectious or contagious disease, 
they must be quarantined, and the regulations for their quar- 
antine holding and keeping must be at once made by such In- 
spector, each Inspector so appointed must personally supervise 
the dipping of, or otherwise treating of all scabby or diseased 
sheep within his county, and appoint the date for each ana 
every dipping. He has the right with the advice and consent 
of the State Veterinary Surgeon, to determine and superintend 
the preparation and mixture of material used in dipping the 
sheep, and must cause all sheep so quarantined to be distinctly 
marked with a red letter "S" on the right side. In the dis- 
charge of his duties, the Inspector shall, so far as practicable, 
comply with the instruction, rules and regulations prescribed 
by the State Veterinary Surgeon, and the Board of Sheep 
Commissioners. All sheep dipped shall be held in quarantine 
at least ninety days after the last dipping, or until released 
therefrom by the Inspector upon the order of the State Veteri- 
nary Surgeon. (Act approved February 28, 1905, § 10.) (9th 
Sess. Chap. 45.) 

1864. Quarantine of infected sheep. — Upon receipt of infor- 
mation of any of the facts mentioned in the preceding Section, 
or that any sheep within his County are affected with or have 
been exposed to any infectious or contagious disease, the In- 
spector must immediately cause such sheep, and all sheep run- 
ning in the same flock, or upon the same contiguous range 
with them, to be examined, and if found so diseased or exposed 
to disease, to be quarantined and held within a certain limit 
or place, to .be designated by him, and such sheep must be he! a 
in quarantine until the owner or person in charge, or the In- 
spector has eradicated such scab or other infectious disease. 



STATE OF MONTANA. 53 

and the Inspector issues a certificate stating such facts and 
releasing such sheep from quarantine. When sheep infected 
with, or which have been exposed to, any infectious or con- 
tagious disease, have been kept in any building or corral, the 
Inspector must inspect and quarantine such premises, and 
prohibit any sheep being placed therein until such premises 
have been cleaned and thoroughly disinfected, which must 
be attended to within ten days from date of quarantine. (Act 
approved February 28, 1905, § 11.) (9th Sess. Chap. 45.) 

1865. Quarantine of infected premises and diseased animals. 
— -In all cases of scab, or other infectious or contagious disease 
among sheep in this state, the state veterinary surgeon, deputy 
state veterinary surgeon, or inspector, has authority to order a 
quarantine of the infected premises and diseased animals, or 
animals exposed to such disease, and to define the limits within 
which such sheep must be kept, and to prohibit any other ani- 
mals from being driven into or across or kept within such 
quarantine limits ; Provided, that in all cases sheep shipped 
into this State must be quarantined separately, and in no case 
shall foreign sheep be mixed or quarantined on the same area 
with native sheep, and all native sheep must be quarantined 
within the limits of their accustomed ranges and in case such* 
disease becomes enzootic or epizootic in any locality in this 
state, the president of the board of sheep commissioners, or the 
state veterinary surgeon, or the inspector must immediately 
notify the governor of the state, who' must, thereupon issue 
his proclamation, forbidding any sheep to be transferred from 
such locality without a certificate from the state veterinary 
surgeon or inspector, showing such sheep to be free from any 
infectious or contagious disease, and forbidding all persous 
from driving any other sheep into or across such locality, 
or keeping them or herding them therein. Any sheep going 
or being driven into or across such prohibited locality or quar- 
antine premises, shall be deemed exposed to such infectious or 
contagious disease, and may be declared and detained in quar- 
antine, and if deemed necessary by the state veterinary surgeon 
or inspector may be dipped. (Act approved March 8, 1907, § 
3.) (10th Sess. Chap. 173.) 

1866. Governor may prohibit importation of sheep from in- 
fected districts. — Whenever the Governor has reason to believe 
that any of the diseases mentioned in this Article or any infec- 



54 LIVE STOCK LAWS 

tious or contagious diseases has become enzootic or epizootic 
in certain localities in any other state or territory, or that con- 
ditions exist that render sheep likely to convey disease, he 
must thereupon by proclamation designate such localities, and 
prohibit the importation from them of any sheep into this State, 
except under such restrictions as he, after consultation with the 
President of the Board of Sheep Commissioners or State Vet- 
erinary Surgeon, may deem proper. Any person, who, after 
publication of such proclamation, knowingly receives in charge 
any such sheep from any of the prohibited districts, or trans- 
ports or conveys the same to and within the limits of any of 
the counties of this State, is punishable, as hereinafter pro- 
vided, and is liable for all damages, which may be sustained 
by any person, by reason of the importation, transportation, or 
reception of such prohibited sheep. (Act approved February 
28, 1905, § 13.) (9th Sess. Chap 45.) 

1867. Duty of importers of sheep to notify state veterinary 
surgeon. — Upon the issuing of a proclamation by the Governor, 
imposing restrictions upon the importation of sheep from any 
other country, state or territory, the owner or person in charge 
of sheep being shipped or driven into the State of Montana 
from any country, state or territory against which quarantine 
has been declared 'must forthwith notify, by telegraphic dis- 
patch, the State Veterinary Surgeon at Helena, Montana, stat- 
ing from what country, state or territory said sheep are being 
shipped or driven, the number thereof, and where they will 
first arrive in this State or be unloaded. (Act approved Feb- 
ruary 28, 1905, § 14.) (9th Sess. Chap. 45.) 

1868. Inspection of sheep in transit. — Whenever the state 
veterinary surgeon receives the notice mentioned in the pre- 
ceeding section, or obtains knowledge that any sheep have 
been, or are about to be shipped or driven from any state or 
territory to this state, he shall immediately notify the inspec- 
tor of the county into which such sheep shall first come or be 
unloaded; and it shall be the duty of the said inspector to in- 
inspect said sheep immediately upon their arrival within this 
county, and make such order, and take such action with refer- 
ence thereto as he may deem necessary, as provided in section 
1871 (18) of this act. Whenever any inspector receives notice 
or information that any sheep have been, or are about to be 
shipped or driven into this state from any state or territory. 



STATE OF MONTANA. 55 

it. shall be his duty to at once notify the state veterinary sur- 
geon. When any sheep are delivered to any railroad or trans- 
portation company, for shipment to this state, as the point of 
destination, it shall be the duty of such railroad company to 
notify the state veterinary surgeon, by telegraph, the date of 
said shipment, the name of the place from which they are 
shipped, the point of destination, the name of the consignor 
and the consignee, and the probable date of the arrival of said 
sheep at the state line of Montana ; and when any sheep are 
billed to >be shipped to the state, and afterwards the point of 
destination is changed to some place within this state, it shall 
be the duty of the railroad or transportation company, upon 
receiving a request to change the point of destination, to 
notify the state veterinary surgeon by telegraph giving the 
name of the consignor and consignee, and the point of desti- 
nation to which the shipment is changed. (Act approved 
March 8, 1907, §4.) (10th Sess. Chap. 173). 

1869. Payment of expenses for inspection and caring for 
diseased animals. — The expenses of inspecting, feeding, hold- 
ing, dipping, treating, marking, and taking care of all sheep 
inspected, quarantined, dipped, or otherwise treated under the 
provisions of this act, including the fees and expenses of the 
inspector, on account of services rendered in connection with 
the same, must be paid by the owner, agent or person in 
charge of such sheep, and such charge shall be a lien upon such 
sheep for such charges and expenses, which lien shall be prior 
and paramount to any and all other demands, or other claims 
against such sheep, and the inspector may retain possession of 
such sheep until such charges and expenses are paid ; but such 
lien shall not be dependent upon possession, and such lien may 
be foreclosed in the name of the inspector, by sale of the sheep 
or as many thereof as may be necessary to pay the same and 
costs of sale at public auction, on ten days' notice, given by 
posting notices thereof in three public places in said county, 
or such lien may be foreclosed by an action ■ in any court of 
competent jurisdiction, or an action may, without foreclosing 
such lien, be maintained in any court of competent jurisdiction 
against the owners of such sheep to recover the amount ot 
such charges and expenses ; provided, however, that for inspect- 
ing and dipping sheep which have been within this state six 
months immediately preceeding such inspection, the fees and 



56 LIVE STOCK LAWS 

expenses of the inspector for inspecting and superintending the 
dipping of such sheep, and all other fees, and expenses of such 
inspector, connected with such inspection and dipping of said 
sheep, shall be paid out of the sheep inspection and indemnity 
fund. (Act approved March 8, 1907, § 5.) (10th Sess. Chap. 

173- 

1870. Duty of railroad company to notify state veterinary 

surgeon. — It shall be the duty of the railroad or transportation 
company to notify the State Veterinarian of proposed ship- 
ments and their destination, as soon as said railroad or trans- 
portation company is notified by the shipper. In no case must 
any sheep affected with or having been exposed to any infec- 
tious or contagious disease, be removed, or allowed to be re- 
moved, from one point to another, within any county, or from 
one county to another in this state, without a written certifi- 
cate from the state veterinary surgeon, or an inspector. It 
shall be unlawful for any railroad company or transportation 
company to ship sheep from one place to another, within this 
state, in cars in which other sheep have been shipped, until 
such cars have been cleaned and carefully disinfected, under the 
direction of the state veterinary surgeon, or an inspector, who 
shall give a certificate of such inspection, which shall accom- 
pany the shipment. It shall be the duty of every railroad 
company or transportation company, before cleaning or dis- 
infecting- any such care or cars, to give notice to the state 
veterinary surgeon, at Helena, Montana, at least five days 
before the cars to be so cleaned and disinfected; and it shall 
be the duty of the state veterinary surgeon, upon such notice 
being given, to inspect, or cause to be inspected by an inspec- 
tor, on or before such date, such car or cars, so cleaned and 
disinfected, and to give the proper certificate therefor. It 
shall be the duty of every railroad or transportation company 
in this state to keep all yards, corrals, sheds or buildings in this 
state, used by such company for holding or feeding sheep in 
transit, and all cars used for shipping sheep, clean and free 
from infection from scab, or other infectious or contagious 
disease; and it shall be the duty of the state veterinary sur- 
geon and inspector to inspect such yards, corrals, sheds, build- 
ings and cars, when deemed necessary, and if the same are 
infected or exposed to infection from any infectious or con- 
tagious disease, to at once notify such company of such fact, 



STATE OF MONTANA. 57 

and declare such premises and cars in quarantine, and forbid 
any animals from being placed or kept therein, until the said 
premises and cars are disinfected; and it shall be the duty of 
the said company to cause said premises and cars to be thor- 
oughly cleaned and disinfected, under the supervision of the 
state veterinary surgeon, and if he fails to do so within five 
days after such notice, the state veterinary surgeon or an in- 
spector shall cause said premises and cars to be disinfected. 
The state veterinary surgeon and the inspector shall have 
authority to enter into all such cars, yards, corrals, sheds or 
buildings, for the purpose of inspecting or disinfecting the 
same. The fees and expenses of the state veterinary surgeon 
and the inspector, and all expenses incurred in inspecting and 
disinfecting such premises and cars, shall be a charge against 
such railroad or transportation company, and may be recovered 
in a civil action in any court of competent jurisdiction. The 
notice above mentioned may be served upon the agent or 
other officer in charge of the station, at which such yards, 
corrals, sheds, buildings, or cars are situated. (Act approved 
[March 8, 1907, § 6.) (roth Sess. Chap. 173.) 

1871. Duty of state veterinary surgeon to inspect. — Within 
five days previous to the arrival of any sheep into this State, 
from any other state or territory, the owner or agent in charge 
of such sheep must report by telegraphic dispatch, to the State 
Veterinary Surgeon, at Helena, Montana, stating from what 
country, state or territory such sheep are shipped or being 
driven from, the number thereof, and the place where they will 
first enter the State, and where it is intended to unload' tlhem, 
or, such notice may be given by registered mail, if mailed in 
time, so that in the ordinary course of mails it will reach 
the State Veterinary Surgeon's office five days before such 
sheep would reach the State, and the State Veterinary Surgeon 
shall, immediately on receipt of such notice, notify the Inspec- 
tor of 'tne county in which the sheep shall first come to be un- 
loaded, and it shall be the duty of such Inspector to imme- 
diately inspect the same, and to make such order or orders for 
their quarantine, treatment and dipping as he may deem neces- 
sary. (Act approved February 28, 1905, § 18.) (9th Sess. 
Chap. 45.) 

1872. Dipping of sheep temporarily in state. — Any sheep 
that are shipped or driven in this state, with the intention 0:1 



58 LIVE STOCK LAWS 

the part of the owner of holding them within the state longer 
than is necessary to feed them in transit, which feeding must 
be done in the railroad stockyards, corrals, or buildings, must 
be once quarantined and dipped under the supervision of the 
state veterinary surgeon or inspector, at the point of entry 
or unloading, or as near such point as may be deemed safe by 
the state veterinary surgeon or inspector in charge, without 
danger of scattering in sections, and when so dipped, shall be 
branded with a red letter "S" on the right side. After said 
sheep are so dipped and branded, (they may be moved to the 
ranch or range where it is the intention of the owner to keep 
them, providing they can be moved to such ranch or range 
within ten days, when they must be dipped a second time ; 
and when such sheep have been shipped or driven from any 
territory or locality in any other state or territory that is 
declared by the chief of the Ulnited States Bureau of Animal 
Industry to be free from such scab or other contagious or 
infectious disease, and are accompanied by a certificate from 
the Federal Inspector, acting under the authority of the chief 
of the United States Bureau of Animal Industry, setting forth 
that said sheep have been shipped or driven from a locality or 
territory free from scab or other contagious or infectious dis- 
ease, and that such sheep were free from scab or other contag- 
ious or infectious disease at the time they were shipped or driv- 
en from such locality, the state veterinary surgeon may in his 
discretion, release said sheep from quarantine after the second 
dipping, provided, however, that all rams so imported must be 
dipped and 'treated as herein provided, and shall under no cir- 
cumstances be released from quarantine within less than ninety 
days after the last dipping, and should said rams be allowed 
to run with other sheep before the expiration of ninety days, 
said sheep must be quarantined for a period which would com- 
plete the ninety days quarantine on the rams ; and that all 
sheep shipped or driven from any territory or locality of any 
state or territory not certified by the chief of the United States 
Bureau of Animal Industry to be free from scab, or other in- 
fectious or contagious disease, must be detained in quarantine 
for a period of not less than ninety days after the last dipping, 
and shall be released only upon the order of the state veteri- 
nary surgeon. (Act approved [March 8, 1907 §7.) (10th Sess. 
Chap. 173.) 



STATE OF MONTANA. 59 

1873. Fees of inspectors. — The inspector in each county 
shall receive for his services while necessarily employed in the 
discharge of his duties, not exceeding Eight ($8.00) Dollars 
per day, which includes all necessary traveling and other ex- 
penses incurred in going to and returning from the place where 
such inspection is had, or other services performed. (Act ap- 
proved February 28, 1905, p. 20.) (9th Sess. Chap. 45.) 

1874. Authority of state veterinarian. — The State Veterinary 
Surgeon or Deputy State Veterinary Surgeon shall have auth- 
ority concurrent with the Inspector to inspect and quarantine 
sheep and do any and all other acts, and make any and all 
orders that the Inspector or Sheep Commissioner is by this 
Act authorized to do or make and shall have authority to 
supervise and direct the action of the Inspectors in the dis- 
charge of their duty. And the State Veterinary Surgeon shall 
have authority to prescribe how sheep shall be dip- 
ped or otherwise treated, the kind of dip, which may be 
anyone recognized by the United States Bureau of Animal 
Industry, and to make rules and regulations for the instruction 
and guidance of the Inspectors in the discharge of their duties. 
(Act approved February 28, 1905, § 21.) (9th. Sess. Chap. 45). 

1875. Statement of expenses. — Whenever any inspector files 
in the office of the State Auditor any bill with proper reports 
and vouchers, duly approved by the President and the Board 
of Sheep Commissioners, setting forth : • 

1. The name in full of such Inspector. 

2. The kind and nature of the services rendered. 

3. The particular locality where the work was done. 

4. The time when, and the length 'of time employed. 

5. The number of sheep inspected and the name of the 
owner or person in charge. 

6. The disease or diseases treated, the numbers treated for 
such disease, and the length of time of such treatment, and the 
results. 

7. The amount claimed, and the value of the services. 

8. The amount of expenses necessarily incurred. 

9. A statement and account of all money received by him 
from any owner of sheep on account of services performed 
under this act, including any sum realized on account of any 
lien therefor. 

10. The State Auditor must, when such bill is approved by 



60 LIVE STOCK LAWS 

the State Board of Examiners, draw a warrant in favor of 
such inspector, payable out of any moneys in the "Sheep In- 
spection and Indemnity Fund." (Act approved February 28, 
I 9°5> § 22 (9th Sess. Chap. 45.) 

1876. Inspection record. — -Every inspector appointed under 
the provisions of this Article, must keep a book account to be 
known as the "Inspection Record," in which he must enter and 
record all his official acts and proceedings. Such record must 
particularly show the name of the owner of every flock of sheep 
inspected, when the same was inspected and the number of 
each flock, the result of such inspection, whether the same were 
quarantined, the limits of the quarantine, when released there- 
from, the names of the persons to whom certificate has been 
granted, and when, and all orders and directions made in rela- 
tion to any matters herein designated. He shall notify the 
Secretary of the Board of Sheep Commissioners when any 
sheep are brought into his country from any other state or 
territory, when any sheep are inspected by him and found :o 
be diseased, with the name of the owner, the number thereof, 
and where located, when any sheep are quarantined by him, 
the limits of the quarantine, and when such sheep are released 
therefrom, and furnish such other information as the Secre- 
tary of the Board of Sheep Commissioners, may, from time o 
time require. Upon the termination of term of office, he shall 
deliver such record to the Secretary of the Board of Sheep- 
Commissioners. (Act approved February 28, 1905, § 23.) 
(9th Sess. Chap. 45.) 

1877. Penalties of violation of the act. — Any person who 
brings or causes to be brought into this state any sheep in- 
fected with scab or other infectious or contagious disease, or 
who shall violate or in any manner fail to comply with any 
order made by the state veterinary surgeon, deputy state vei- 
erinary surgeon or inspector, or any proclamation issued by 
the Governor, under the provisions of 'this act, or who vio- 
lates or disregards any of the provisions of this act, or who 
shall in any manner hinder, obstruct or resist the state veteri- 
nary surgeon, or deputy state veterinary -surgeon or any 
inspector, in the discharge of his or their duties, or shall break 
any quarantine, or wilfully or negligently permit any sheep to 
be placed within the limits of any quarantined premises or any 
locality prohibited or quarantined under the proclamation of 



STATE OF MONTANA. 61 

the governor, shall be deemed guilty of a misdemeanor, and 
shall, upon conviction thereof, be punished by imprisonment in 
the county jail, not exceeding one year, or by a fine not exceed- 
One Thousand Dollars, or by tooth such fine and imprisonment, 
and shall be liable for all damages which may be sustained by 
any person, by reason of such act or acts, which damages may 
be recovered by such person in a civil action in any court of 
competent jurisdiction. (Act approved March 8, 1907 § 8.) 
(10th Sess. Chap 173.) 

1878. Reports of inspectors. — Every Inspector must, on or 
before the 30th day of November, of each year, make a report 
in writing to the Secretary of the Board of Sheep Commis- 
sioners, showing from his inspection record particularly the 
matters therein contained since his last report which report 
shall be in triplicate, and one shall be filed in the office of the 
Secretary of said Board, and one transmitted to the State 
Veterinary Surgeon, and the said State Veterinary Surgeon 
must embody the information thus given in his report to the 
Governor. If such report is not made in triplicate by the In- 
spector, the Secretary of the Board shall make and certify a 
copy thereof, and transmit the same to the State Veterinary 
Surgeon. (Act approved February 28, 1905, § 25.) (9th Sess. 
Chap. 45.) 

1879. Employment of specialist. — The Board of Sheep Com- 
missioners, or the President of said Board when the Board is 
not in session, shall have authority upon recommendation of 
the State Veterinary Surgeon to employ one or more special- 
ists to investigate any subject relative to fostering, promoting 
and protecting the sheep industry of the State, and cause to be 
performed any act or thing, which, in their (or his) judgment, 
is necessary, or would tend to foster, promote and protect the 
sheep industry such specialist or specialists may be employed 
by the day, week, month or year, and shall be under the direc- 
tion and control of the Board of Sheep Commissioners, or when 
the Board is not in session, the President of said Board. The 
expense of such specialists shall not exceed Five ($5.00) Dol- 
lars per day each, together with actual expenses for trans- 
portation. (Act approved February 28, 1905 §26.) 9th Sess. 
Chap. 45). 



62 LIVE STOCK LAWS 

RAMS AND HE-GOATS AT LARGE. 

1880. Certificate to run public buck herd. — No person or 
persons shall conduct what is known as a public buck herd 
in this state without first receiving from the state veterinary- 
surgeon a permit to do so. Such permit must be in writing and 
signed by the state veterinary surgeon, which said permit must 
be issued by the Veterinarian upon receipt from such person or 
persons of an application in writing for the same. All persons 
receiving a permit to conduct such herds shall, on or before 
the fifteenth day of July in each year, report to the state veten 
nary surgeon the number of bucks in said herd, the owners 
thereof, and the number owned by each, and where the said 
herd is kept, and any subsequent addition made to said herd 
must be reported to the state veterinary surgeon as soon as 
made. It shall be the duty of the state veterinary surgeon to 
cause all such buck herds to be inspected during the month 
of October in each year, and if he finds such herds to be free 
from scab, or other infectious or contagious disease, he shall 
issue a certificate stating such facts, which certificate shall 
have indorsed thereon the number of bucks in said herd, and 
the names of the respective owners. After the issuing of sucn 
certificate, any of such animals may be removed from such 
herd. The keeper of such herds shall not permit any animals 
to be removed from said herd, and no person shall remove any 
animals therefrom until such inspection and the issuing of such 
certificate. When any animals are so removed the keeper of 
such herd shall give to the owners or persons removing the 
same a copy of the certificate of the state veterinary surgeon, 
and such owners or persons must, on demand of any sheep 
owner in this state, exhibit such certificate. A public buck 
herd, within the meaning of this act, shall be one consisting 
of bucks owned by two or more persons not partners. (Act 
approved March 8, 1907 §10.) (10th S^ss. Chap. 173.) 

1 88 1. (§ 3060.) Rams and he-goats not to run at large. — 
It is unlawful for any owner or person having the management 
or control over any ram or he-goat to permit the same to run 
at large between the first day of August and the first day of 
December of each year. 

1882. (§ 3061.) Penalty. — Any person violating the provi- 
sions of this article is guilty of a misdemeanor and on con- 
viction thereof must be punished as provided in § 8837 (1164) 



STATE OF MONTANA. 63 

of the Penal Code. 

1883. (§ 3062.) Liability to civil damages. — Any person 
damaged by rams or he-goats running at large during the time 
mentioned in the first section of this article, may recover in 
a civil action any damages sustained thereby. 



LIVE STOCK SANITARY BOARD. 

1884. Creation of state livestock sanitary board. — The Presi- 
dent of the Board of Stock Commissioners, the President of the 
Board of Sheep Commissioners and the President of the State 
Board of Health of Montana, shall, ex-officio, constitute a 
Board to be konwn -as the State Live Stock Sanitary Board. 
Said Board shall have the power and perform the duties here- 
inafter defined and a majority of said Board shall constitute a 
quorum for the transaction of business. The Board shall 
organize by electing one the their number chairman, and when- 
ever the personnel of said Board changes, by the advent of a 
new member, the Board shall again organize by electing a 
Chairman. The State Veterinary Surgeon shall ex-officio, act 
as secretary of said Board, without extra compensation. The 
members of said Board, who are not receiving annual or 
monthly salaries as officials of the State, or state boards, or 
of any county, shall receive the sum of Five Dollars per day for 
each day the Board is in session, and all members shall receive 
their actual and necessary traveling expenses in going to and 
from meetings of the board. All claims for per diem and ex- 
penses must be sworn to and accompanied with vouchers n{ 
each item of expense, and audited and allowed by the State 
Board of Examiners against the fund hereinafter provided for. 
Meetings of the Board shall be held upon call of the Chairman, 
after giving reasonable notice to the members of the time, place 
and must not exceed two meetings a year, except in cases of 
urgent necessity where immediate action of said Board is re- 
quired to prevent the spread of contagious or infectious dis- 
eases. (Act approved March 7, 1907, § 1.) (10th Sess. Chap. 
152.) 

1885. Deputy state veterinary surgeon. — The State Veteri- 
nary Surgeon may by and with the approval and consent of 
the State Live Stock Sanitary Board, hereinafter referred to 
as a Sanitary Board, appoint not more than three permanent 
special deputies, as occassion may require, hereinafter referred 



64 LIVE STOCK LAWS 

to as deputies, who must be graduates of a regular and repu- 
table veterinary college or veterinary department of a regular 
and reputable university. Each deputy permanently appointed 
shall receive a salary of Fifteen Hundred Dollars ($1500.0) 
per annum together with actual and necessary traveling ex- 
penses. The said deputies may be removed by the state veteri- 
nary surgeon and sanitary board at any time without cause. 
The state veterinary surgeon and the sanitary Board acting 
jointly are hereby authorized to appoint in various localities 
of this state, from among veterinarians permanently located 
therein, deputy veterinary surgeons ; and who must have the 
same qualifications as special deputies, who shall be subject 
to the orders of the state veterinary surgeon and the sanitary 
board, and who, together with the permanently employed 
deputies and the state veterinary surgeon, shall have equal 
powers under the direction of the state veterinary surgeon and* 
the sanitary board, in enforcing the provisions of this act. 
Such deputies however, shall be paid only for actual services 
performed when directed to do so by the state veterinary sur- 
geon or sanitary board, and for such services when so directed 
shall receive the sum of Six Dollars ($6.00) per diem, to- 
gether with actual traveling expenses. (Act approved Marcii 
7, 1907, § 2.) (10th Sess. Chap. 152.) 

1886. Appointment of federal inspectors to act as state in- 
spectors. — Subject to the approval of the Chief of the Bureau 
of Animal Industry of the United States, federal inspectors may 
also be appointed deputy state veterinary surgeons by the state 
veterinary surgeon with the approval and consent of the sani- 
tary board. When so appointed they shall act without bond or 
compensation, and possess all the powers and duties of special 
state veterinarians, and shall hold such appointments at the 
pleasure of the state veterinary surgeon and the sanitary board, 
so long as they remain inspectors of said Bureau and as such 
are stationed in this State. (Act approved March 7, 1907 § 3.) 
(10th Sess. Chap. 152.) 

1887. Powers and duties of state veterinary surgeon. — The 
state veterinary surgeon shall have power, and it shall be his 
duty : 

1. To act as Chief Executive Sanitary Officer of the sanitary 
board, and to do all other things necessary or proper to the- 
successful enforcement of this Act. 



STATE OF MONTANA. 65 

2. To control and supervise and direct the action of all 
deputies. 

3. To enter on or in and examine any car, yard, stable, 
steamboat, corral, or other building, or any premises and to 
examine any livestock therein or thereon, and 'otherwise to do 
therein or thereon , whatever may be found necessary or proper 
in the discharge of his official duties. 

4. To quarantine any animal or animals suffering from or 
exposed to any contagious, infectious, enzootic, epizootic, or 
dangerous disease ; to prohibit their moving or transportation 
without a certificate from him and to quarantine premises in- 
fected or believed to -be infected ; and to superintend and con- 
trol the disinfection of any such premises, and to use and cura- 
tive protective or immunizing antitoxins or serum, or an}' 
diagnostic agents as needed, and to order and accomplish the 
slaughter of live stock suffering from dangerously contagious 
or infectious disease, or incurable disease or live stock exposed 
to disease, the slaughter or quarantine of which may become 
necessary under regulations of the board ; and to order and 
accomplish the disposition of the carcasses of such slaughtered 
live stock ; and to superintend, control and accomplish the bur- 
ial or other disposition of the carcasses of any animals dying 
from any of said diseases. 

5. To make complaint against any person or persons vio- 
lating any law relative to live stock, and procure a warrant 
whenever conditions permit ; and to bring the person or per- 
sons before the proper magistrate or officer and notify said 
sanitary board thereof and of his action. (Act approved March 
7, 1907 § 4.) (10th Sess. Chap. 152.) 

1888. Powers and duties of state sanitary board. — The state 
veterinary surgeon and the sanitary board shall have power 
and it is their duty in addition to the powers now conferred 
on them by law: 

1. To supervise and control the action of all deputies and 
inspectors, and to prescribe regulations to govern them. 

2. To remove all its appointees, subordinates and servants 
at any time without cause. 

3. To supervise the sanitary conditions of live stock of this 
state ; to determine and employ the most efficient and practical 
means to prevent, suppress, control and eradicate, dangerous, 
contagious, infectious, enzootic, epizootic, or any dangerous 



66 LIVE STOCK LAWS 

non-contagious disease among livestock within, or live stock 
coming into or going out of the state, and must recommend to 
the Governor when necessary the issuance of quarantine pro- 
clamation against domestic animals in other states, territory 
or foreign countries, as occassion demands, and is hereby made 
the Governor's duty to issue such quarantine proclamations as 
may be requested by the state veterinary surgeon and sanita'-v 
board against all domestic animals coming into this state 
from without, or to set aside and specify general quarantine 
areas within this state on account of animal diseases, when so 
requested by the sanitary board. 

4. To establish and maintain all and any livestock sanitary 
regulations that may be deemed expedient; or as may be from 
time to time necessary to prevent and suppress contagious, in- 
fectious or dangerous animal diseases. Provided that all sani- 
tary regulations adopted by the state veterinary surgeon and 
sanitary board, or to be recommended to the Governor, shall, as 
far as possible, be in conformity and harmony with the regu- 
lations in that regard of the Secretary of Agriculture of the 
United States, as the same may exist from time to time, and 
provided further, that in cases of acutely contagious or rapidly 
fatal diseases, such as anthrax, rinderpest, foot and mouth dis- 
ease, hog cholera, swine plague, variola, or pox, contagious 
abortion, ophthalmia, colt distemper, or malignant catarrh, or 
rabies, the powers conferred by this paragraph on the board 
may be exercised by the chairman, and provided further, that 
such sanitary board shall cause copies of their regulations from 
time to time to be printed and furnished to all railway common 
carriers within this state, and all deputies within this state, 
members of the different health boards and to the sheriffs 
of each county within the state, who shall keep them posted 
in their offices and shall furnish from the office of the state 
veterinary surgeon other copies thereof whenever requested 
from time to time. 

5. To aid the prosecution of all alleged violations of the law, 
or violations of the regulations prescribed in conformity with 
this Act; and to aid prosecution for interfering with the lawful 
action of their appointive officers. 

6. To direct and regulate the slaughter of all diseased ani- 
mals and the dipping and treating thereof for disease and to 
order and regulate the gatehering and handling of range and 



STATE OF MONTANA. 67 

other livestock to that end, and to make all and any regula- 
tions or rules or orders relative to the gathering, handling and 
treating or destruction of any animals mentioned herein suffer- 
ing from or exposed to any contagious or infectious disease. 

7. In case of scabies, or any other contagious or infectious 
disease among domestic animals on the' public range, if after 
due notification the owner, agent or person in charge fails with- 
in ten days subsequent to such notification from the state vet- 
erinary surgeon or deputy, or sanitary board, to take such 
animal or animals up and properly :treat the same, under the 
direction of the state veterinary surgeon, or deputy then the 
sanitary board shall have authority to order the rounding up 
of such animal or animals and procure the proper treatment of 
the same by the state veterinary surgeon or deputy, all of 
which expense shall be a first lien upon the animal or animals 
and said lien shall take precedence over all other liens. Provided, 
in case of scabies the time for gathering and rounding up range 
animals may be extended by written order of the sanitary 
board to a period not exceeding sixty days from date of notifi- 
cation, or in case of emergency, on account of acutely fatal dis- 
eases may be limited by said board to twenty-four hours cr 
less, as in their judgement is necessary. Provided further, 
that if any of said domestic animals on the public range are 
estrays and the owner thereof is not known and cannot with 
reasonable diligence be found, then the sanitary board shall 
have the same authority to order the rounding up of and to pro- 
cure the treatment of said animal or animals as is herein con- 
ferred upon it in handling animals other than estrays and said 
estray animals shall be subjected to all the provisions of this 
section ; and provided further, that any animal or animals upon 
which a lien is created by this section, may upon order of the 
sanitary board, be sold at public sale to the highest bidder, after 
at least ten days notice, to be given in such manner as the 
sanitary board may provide. The proceeds from such sale to 
be applied, first in satisfying said lien and the balance if any 
to be turned over to the owner if known. If the owner of the 
animal or animals so sold is not known then the balance if any 
to be deposited, with the Secretary of the Board of Stock Com- 
missioners to be by him held subject to proof of ownership of 
the animal or animals sold for a period of two years from the 
date of sale, at which time if no person has proven his owner- 



68 LIVE STOCK LAWS 

ship of the animal or animals sold, such balance must be trans- 
ferred to the credit of the stock indemnity fund, and no action 
for the recovery thereof, by the owner of such animal or ani- 
mals or his assigns shall thereafter be maintained. (Act ap- 
proved March 7, 1907, § 5.) (10th Sess. Chap. 152.) 

1889. Slaughtering of diseased animals. — Two classes of ani- 
mals may be slaughtered: 

1. Animals determined by either the state veterinary sur- 
geon or deputy to be affected with disease requiring slaughter. 
No animals of this class shall be paid for, save when a mistake 
as to the existence of a slaughterable disease is discovered upon 
autopsy. 

2. Animals so exposed to disease as to require their slaugh- 
ter as a sanitary safeguard. These shall be paid for, subject to 
the conditions hereafter mentioned in this Section, and as pro- 
vided in § 1891 (8) of this Act. No- payment to be made for 
cats and dogs. Animals of the second class shall only be killed 
after notice, save those animals not in the direct custody of any 
person and whose owner is either unknown or resides so far 
away as to make immediate notice impracticable. And animals 
of both classes shall only be slaughtered by the owner or cus- 
todian, or his or their agents, or by the state veterinary sur- 
geon or deputy. Providing that animals otherwise subject zo 
be paid for on slaughter shall not be paid for under any of the 
following conditions : 

1. When they belong either to the United States or to this 
State, or to any municipality therein. 

2. When .they have been brought into this State contrary 
to the provisions of this Act, or regulations or orders made 
thereunder, or when exposed to disease either before, or at the 
time of their arrival in this State, or when the owner or 
claimant knew that they had been exposed when he acquired 
them. 

3. When, before exposure, it was suffering from any other 
incurable or necessarilv fatal disease. 

J 

4. AVhen the owner or custodian has violated the provisions 
of Section 1898 (15) of this Act, as to notice concerning ex- 
posed animals or otherwise. (Act approved March 7, 1907, 
§ 6.) (10th Sess. Chap 152.) 

1890. Notice to owners of animals. — When the state veteri- 
nary surgeon or d-eputy, shall have determined after inspection, 



STATE OF MONTANA. 69 

that an animal of the first class must be slaughtered and notice 
is required, he shall give written notice to either the owner or 
custodian ; which notice must designate the disease, and re- 
quire such owner or custodian to kill the animal, and where 
burial or burning of the carcass is desired, to bury, or burn it, 
in manner and time to be declared therein, and must be either 
personally served or served by mail or by leaving in daytime 
at the residence of such owner or custodian, with any person 
over 15 years of age. 

2. If such owner or custodian fails to comply with such 
order the state veterinary surgeon or a deputy may forthwith 
seize such animal or animals and enforce the order at the cost 
of such owner or custodian. If such owner or custodian dis- 
pute the existence of such disease or any slaughterable dis- 
ease, he shall serve a written notice of protest on the stare 
veterinary surgeon or deputy (serving original notice) and shall 
fix in such notice of protest a time and place (the former 
not later than 136 hours after the service of said original 
notice) when and where he will kill such animal or animals. 
Such notice of protest shall be served in season to enable the 
state veterinary surgeon or deputy to attend the killing. And 
thereupon the state veterinary surgeon or a deputy shall attend 
the killing and hold an autopsy on such animal or animals 
in the presence of the owner, or custodian or any other person 
by him selected to be present. If on such autopsy, no patho- 
logical lesion of a disease requiring slaughter can be foun J, 
the animal or animals shall be paid for as in the case of ani- 
mals of the second class. But if found part of a tissue of each 
animal showing such lesion shall at the time be delivered to 
such owner, custodian or representative, the receipt of the 
latter taken therefor, and another part of said tissue and said 
receipt sent to the state veterinary surgeon who shall retain 
them until the claim is finally disposed of. On any killing 
after notice of protest, a right of action shall arise in favor of 
the owner or custodian, against said sanitary board; but re- 
covery in such action shall not be had unless the nonexistence 
of such lesion at the time of the killing be affirmatively proven. 
And judgment recovered by any plaintiff in such action shall 
be paid out of the stock indemnity fund, created by this Act. 
In all cases where animals of the first class are killed without 
notice, autopsy shall be held, and a certificate of a discovery 



70 LIVE STOCK LAWS 

or nondiscovery of lesion, together with part of tissue for- 
warded the state veterinary surgeon as above, save when the 
animal or animals to be slaughtered show unmistakable 
symptoms of disease requiring slaughter, in which event a cer- 
tificate stating such facts shall be forwarded the veterinary sur- 
geon. 

3. When no lesion is found and the value of the meat for 
human consumption, has not been affected, the veterinary 
surgeon holding autopsy shall issue a permit of sale and the 
carcass may be sold for food, after inspection and proper certi- 
fication of such fact is made by the state veterinary surgeon 
or deputy. (Act approved March 7, 1907, §7.) (10th Sess.. 
Chap. 152.) 

1891. Payment for animals slaughtered. — Whenever animals 
are to be paid for under the provisions of this Act, they shall 
be paid for out of the stock indemnity fund, by this Act, cre- 
ated, upon an order of said Board, after the valuation thereof 
has been to it certified. Said valuation must be made by the 
veterinary surgeon or deputy veterinary surgeon ordering the 
slaughter or killing of the. animals on holding the autopsy or 
in case of animals of the second class killed by order of veteri- 
nary surgeon or deputy veterinary surgeon or by the state 
veterinary surgeon on information to him furnished by said 
deputy, he must truly estimate the actual cash value at the 
time of killing, but in no instance shall his valuation exceed 
the following: In the case of cattle; for common blood, not 
exceeding $35.00 per head for any male animal, four years old 
and upwards, and for any female animal four years old and 
upwards, not exceeding $25.00 per head and proportionately 
less for lesser ages. For graded stock not exceeding $40.00 per 
head for any male animal four years old and upwards, and for 
any female animal four years old and upwards not exceeding 
$35.00 per head and proportionately less for lesser ages. And 
for all full bloods, for any male animal four years old and up- 
wards not exceeding $100.00 per head, and for any female ani- 
mal four years old and upwards not exceeding $75.00 per head 
and proportionately less for lesser ages. In the case of horses, 
for common bloods, not exceeding $25.00 per head for each 
animal four years old and upwards and proportionately less for 
lesser ages for graded stock, for each animal four years old 
and upwards, not exceeding $50.00 per head and proportionately 



STATE OF MONTANA. 71 

less for lesser ages. And for full bloods for any animal four 
years old and upwards, not exceeding $125.00 per head and 
proportionately less for lesser ages. In the case of goats and 
swine, not exceeding their market value for meat by weight. 
A slaughterable disease shall be deemed any disease contag- 
ious or infectious that is incurable and dangerous or com- 
municable to mankind, such as glanders among horses, asses, 
and mules, or tuberculosis, rabies and anthrax among all ani- 
mals. Provided that in tuberculosis of cattle, the sanitary 
board may direct the state veterinary surgeon to detain such 
cattle in quarantine subject to eradication by the so-called 
Bang System or other improved system approved by the said 
Board. Act approved March 7, 1907, § 8.) (10 Sess. Chap. 

152.) 

1892. Expenses for treatment of animals.— The owner or 
custodian shall be alike liable for expense incurred in the 
treatment, dipping, handling, of any live stock under the pro- 
visions of this Act, and whenever such owner or custodian is 
so liable for any such expense, the said sanitary board may 
have a lien upon such live stock and any other 
live stock owned by the person liable, which lien 
shall be a first lien and superior to any other lien, 
claim or demand against said property. The sanitary board 
may also maintain a civil action for the amount of such ex- 
pense against the person liable therefor. (Act approved March 
7, 1907, § 9.) (10th Sess. Chap. 162.) 

1893. Duty, of state and local boards of health. — It is here- 
by made the duty of the State and several local Boards of 
Health of any county, city, town or village in the state, to 
co-operate with and assist the said sanitary board in all mat- 
ters, relating to the execution of its sanitary powers as to live 
stock under this Act, in such manner as may be by said Sani- 
tary Board prescribed, either by general regulation or direct 
order. (Act approved March 7, 1907, § 10.) (10th Sess. 
Chap 152.) 

1894. Notice of existence of disease to be given. — Any per- 
son including the owner or custodian, who. has reason to sus- 
pect the existence of any disease mentioned in this Act among 
live stock, or the presence of exposed animal or animals at 
any point within the state shall forthwith give notice thereof 
to the state veterinary surgeon. (Act approved -March 7, 1907, 



12 LIVE STOCK LAWS 

§ II.) (ioth Ses. Chap. 152.) 

1895. Board to have authority to administer oath. — When- 
ever in the exercise of their powers or the discharge of their 
duties it shall become necessary or proper, for any member 
of said sanitary board, or the state veterinary surgeon, or any 
of his deputies, to investigate facts and conditions, he is hereby 
authorized to administer oaths, take affidavits and compel the 
attendance and testimony of witnesses being given for sucn 
purpose all the powers of a Notary Public. (Act approved 
March 7, 1907, § 12.) (ioth Sess. Chap. 152.) 

1896. Definition of words and phrases. — The phrase "dan- 
gerous, contagious, infectious, enzootic and epizootic," as used 
in this Act, shall be deemed to include glanders, farcy, tubercu- 
losis, anthrax, rinderpest, rabies, foot and mouth disease, plural 
pneumonia, cholera, swine plague, variola or pox, contagious 
abortion, contagious ophthalmia, mal du coit, coital exanthema, 
scab or scabies, or any other contagious skin disease, blackleg, 
malignant catarrh, and any other disease of live stock that may 
be controlled or eradicated by sanitary measures or regula- 
tions. The word "livestock" as used in this Act, shall be deem- 
ed to include horses, mules, asses and cattle, goats, swine, 
dogs and cats. (Act approved March 7, 1907, § 13.) (ioth 
Sess. Chap. 152.) 

1897. Transfer or funds from stock indemnity fund. — The 
State Treasurer is hereby authorized to transfer out of any 
moneys in the General Fund, not otherwise appropriated, the 
sum of Ten Thousand Dollars, which, in addition to the sum 
now carried in the Stock Indemnity Fund, shall be known as 
the "Stock Indemnity Fund," which fund must -be used exclu- 
sively to defray all expenses created by this act, except the 
salaries of the state veterinary surgeon, his regular deputies 
and his stenographer, which shall be paid out of the General 
Fund. (Act approved March 7, 1907, § 14.) (ioth Sess. Chap. 
152.) 

Note. — See act approved March 8, 1907. (ioth Sess. Chap. 
172.) 

1898. Penalties for violating quarantine. — If any owner or 
custodian or any other person shall wilfully or intentionally 
break into quarantine and remove any quarantined animal or 
animals from any established quarantine to another point; 
or shall take any animal or animals into any established quar- 



STATE OF MONTANA. 73 

antine, or shall wilfully or intentionally drive or transport from 
one point to another any animal or animals known by him to 
be affected with or exposed to any contagious or infectious 
disease ; or shall wilfully or intentionally, dispose of the car- 
cass of any affected or exposed animal or animals of any kind 
for consumption as food or shall wilfully or intentionally sell 
milk from any such animal or animals, without permit from 
the state veterinary surgeon or deputy, or fails to notify the. 
state veterinary surgeon of the existence of contagious or in- 
fectious disease among his animals or exposes thereto or shall 
wilfully violate any provisions of this Act, or any regulation 
or orders lawfully made in conformity therewith ; or shall in 
any manner hinder, resist or obstruct the execution of any 
such regulation or order, or hinder, resist or obstruct any offi- 
cer or employee of said sanitary board in the discharge of his 
duty, or in the exercise of his lawful powers, or shall negli- 
gently break any quarantine, or shall negligently suffer any- 
quarantined animal or animals to escape from quarantine, or 
take or allow any animal or animals to go into any quarantine, 
shall be deemed guilt}- of a misdemeanor, and shall be punished 
by a fine of not more than Five Hundred Dollars, or imprison- 
ment in the County Jail, not more than six months or both 
such fine and imprisonment (Act approved March 7, 1907, § 
7,) (10th Sess. Chap. 152.) 

1901. What constitutes breaking quarantine. — Breaking 
quarantine shall mean the taking of any animal or animals or 
allowing any animal or animals (of the kind quarantined by 
the state veterinary surgeon or a deputy) to go into or out of 
any building, corral, premises or range quarantined by the 
state veterinary surgeon or a deputy. (Act- approved March. 
7, 1907, § 17.) (10th Sess. Chap. 152.) 

1902. Reports of state veterinary surgeon. — The state veteri- 
nary surgeon shall make, on or before the tenth of December 
each year, a written report to the Sanitary Board, which re- 
port must be transmitted by them to the Governor. The 
Deputy Veterinary Surgeon must make monthly and annual 
report to the state veterinary surgeon, such reports to be in- 
cluded in the annual report of the state veterinary surgeon. 
(Act approved March 7, 1907, § 18.) (10th Sess. Chap.* 152.) 



74 LIVE STOCK LAWS 

DISEASED STOCK. 

1899. Penalties for allowing diseased animals to run at large. 

— It shall be unlawful for any owner, agent or person in charge 
of, to permit any domestic animal or animals herein mentioned, 
and that is known to be suffering from or exposed to any con- 
tagious or infectious disease, to run at large on the public 
range or public highways, and each such offense shall be pun- 
ished by a fine of not less than $25.00 nor more than $500.00 
or imprisonment in the county jail for a period of not more 
than six months or both. (Act approved March 7, 1907, § 
16.) (10th Sess. Chap. 152.) 

1900. (§ 3063.) Diseased animals not to run at large. — It is 
unlawful for the owner or for any person having in charge 
any horse, mule, ass, sheep or cattle affected with any con- 
tagious disease to allow such diseased animal to run on any 
range, or within any enclosure where such animals may come 
in contact with any other animal not so diseased. All ani- 
mals so affected with contagious disease must be at once re- 
moved by the owner thereof or person in charge of the same, 
to some secure inside inclosure, where contact with other ani- 
mals, by reaching over or through the fence of said enclosure 
will be impossible, or must be 'strictly herded six miles from 
any farm or from any other stock running at large or being 
'herded. Every person who knowingly neglects or refuses to 
remove or to so inclose or herd away from farms or other stock 
such diseased animals affected with contagious disease, after 
having received notice of their diseased condition, is punish- 
able as provided in § 8531 (700) of the Penal Code, and is 
liable for damages to the party injured. 



TUBERCULOSIS, DAIRY CATTLE. 

Chapter 146. 

"An Act to provide for districting of the State of Montana, 
the appointment of four additional Deputy State Veterinary 
Surgeons, defining their qualifications, duties and compen- 
sation; providing for the testing of Bovine animals, their 
quarantine, destruction and disposition, under the general 
supervision of the Live Stock Sanitary Board." 

Be it enacted by the Legislative Assembly of the State of Montana: 
Section 1. The State Live Stock Sanitary Board shall on 



STATE OF MONTANA. 75 

or before April ist, 191 1, divide the State of Montana into four 
districts to be known as district No. 1, number 2, number 3, 
and number 4, for the purpose of applying the tuberculin test 
to all dairy cattle within the State of Montana. 

Section 2. The State Live Stock Sanitary Board shall on 
or before April ist, 191 1, appoint four special deputy State 
Veterinary Surgeons, whose qualifications shall be the same 
as those now prescribed by law for Deputy State Veterinary 
Surgeons, whose duty shall consist of applying the tuberculin 
test to all dairy cattle within the State of Montana, milk from 
which is used for public consumption, or sold, disposed of, or 
given away in any manner for the use of the public. Such 
Special Deputy State Veterinary Surgeons shall receive the 
same compensation as is now prescribed by law for Deputy 
State Veterinary Surgeon and shall be at all times under the 
direction and supervision of the State Live Stock Sanitary 
Board and State Veterinary Surgeon and such special Deputy 
Veterinary Surgeons may be removed by the State Live Stock 
Sanitary Board at any time 

Section 3. Each special Deputy State Veterinary Surgeon 
herein provided for shall be assigned to one of the districts 
herein contemplated for the purpose of carrying into effect the 
provisions of this Act. 

Section 4. Whenever tuberculosis is discovered in any 
Bovine animal supplying milk to the public, or any male Bovine 
animal in a herd supplying milk to the public, the owner of 
such tuberculous animal must either retain such animal or 
animals in quarantine under such restrictions, rules and regu- 
lations as the State Live Stock Sanitary Board may direct, or 
such owner may ship such tuberculous animal or animals with- 
in the boundaries of this State under the direction of said 
Board to any abbattoir where meat inspection is maintained 
under the supervision of the L T nited States Bureau of Animal 
Industry or where such inspector is maintained by an official 
inspector of the State ; in the event that such animal or ani- 
mals are shipped to an abbattoir where such meat inspector is 
maintained and such animal or animals are sold, the owner 
shall receive the net proceeds of the sale thereof and shall have 
no further claim against the State on account of such slaughter. 
In the event that it is impracticable or impossible to ship such 
tuberculous animals to an abbattoir where meat inspection is 



76 LIVE STOCK LAWS 

so maintained by an official inspector of the State ; in order of 
the State Live Stock Sanitary Board. 

• Section 5. The carcasses of all animals condemned and 
slaughtered under the provisions of this Act must be buried 
or burned under the supervision of the Deputy State Veteri- 
nary Surgeon making the inspection and test. 

Section 6. All Tuberculin used in the testing of cattle under 
the provisions of this Act must be manufactured by the Unit- 
ed States Bureau of Animal Industry, and not less than six 
anti, nor less than six post injection temperatures must be 
taken by the Deputy State Veterinary Surgeon making the 
test in each and every instance. 

Section 7. There is hereby appropriated out of the General 
Fund for the carrying out of this Act under the supervision of 
the State Live Stock Sanitary Board and the State Board of 
Examiners the sum of Twelve Thousand ($12,000.00) Dollars, 
for the year 191 1, and the sum of Fifteen Thousand 
($15,000.00) Dollars for the year 1912.- 

Section 8. All Acts and parts of Acts in conflict herewith 
are hereby repealed. 

Section 9. This Act shall be in full force and effect from 
the date of its passage and approval. 

Approved March 14, 191 1. 

Chapter 130. 

Section 6. The State Veterinarian, either in person or by 
his deputies shall tuberculin test all cattle used in and about 
all dairies in the State of Montana at least once during each 
calendar year; and all persons, firms or corporations conduct- 
ing a dairy in this state shall file with the Secretary of the 
State Board of Health a certificate for each cow hereafter 
added to his dairy, which certificate shall be signed by a vet- 
erinarian approved by the State Board of Health and shall state 
that such cow has been tuberculin tested by him and found 
to be free from tuberculosis, and such certificate shall contain 
a description of such cow, which description shall be sufficient- 
ly complete to identify the cow ; and any person firm or cor- 
poration using any cow in his dairy, or keeping any cow on 
his dairy premises, which has not been tuberculin tested and 
found free from tuberculosis shall be guilty of a misdemeanor 
and shall be deemed guilty of selling milk from diseased cows, 
For the purpose of this Act any person shall be deemed as con- 



STATE OF MONTANA. 77 

ducting a dairy who offers for sale any milk or cream, or who 
sells milk or cream to any butler factory, creamery or other 
place where milk or milk products are manufactured or sold. 

Section 7. It shall be unlawful for any person, persons, 
firm or corporation to sell within this State or to have within 
his or their possession with the intent to sell within this State 
for human food, the carcass or parts of the carcass of any ani- 
mal which has been slaughtered, prepared, handled or kept 
under unsanitary conditions ; and unsanitary conditions shall 
be deemed to exist whenever and wherever any one or more 
of the following conditions are found to appear, to-wit : If 
the slaughter house is delapidated or in a state of decay; if 
the floor or side walls are soaked with decaying blood or other 
animal matter, if efficient fly screens #are not provided, if the 
drainage of the slaughter house yard is not efficient, if mag- 
gots or filthy pools or hog wallcAvs exist in the slaughter-house 
yard or under the slaughter house floor, if the water supply 
used in connection with the cleaning or preparing of the meat 
is not pure and uncontaminated ; if the hogs are kept in the 
slaughter house yard or fed therein on animal offal, or if the 
odors of purification plainly exists in or about the slaughter 
house ; if carcasses or parts of carcasses are transported from 
place to place when not covered with clean white cloths, or if 
kept in unclean or bad smelling refrigerator or refrigerators, 
or if kept in unclean or foul smelling store rooms. It shall be 
unlawful for any person, persons, firm or corporation to have 
in his or their possession with intent to sell the carcass of any 
animal or foul which has died from any cause other than being 
slaughtered in a sanitary manner, or the carcass or part of 
the carcass of any animal that shows evidence of any disease 
or that came from a sick or diseased animal, or the carcass 
or part of the carcass of any calf that was killed before it had 
attained the age of four weeks. 

It shall be unlawful for any person, persons, firm or corpo- 
ration to sell or offer for sale any eggs after the same have 
been placed in an incubator, or to sell or offer for sale to be 
used as food, knowingly, eggs in a rotten, decayed or decaying 
condition. 

It shall be the duty of all peace or health officers to seize 
any animal carcass or parts of carcasses or any domestic or 
wild fowl, eggs, game, fish, or other food product found to be 



78 LIVE STOCK LAWS 

unwholesome and which are intended for sale or offered for 
sale for human food, or which have been slaughtered or pre- 
pared, handled or kept under unsanitary conditions as herein 
defined or as the rules and regulations of the State Board of 
Health may designate, and shall deliver the same forthwith to 
and before the nearest police judge or justice of the peace, 
together with all information obtained, and said police judge 
or said justice of the peace shall issue warrants of arrest for 
all persons believed to have violated any provision of this Act, 
and said cause shall be tried at an early date thereafter. The 
said police judge or said justice of the peace shall immediately 
drench the unwholesome food brought before him with kero- 
sene and require the owner thereof to immediately dispose of 
the same in a sanitary manner, or he may, in his discretion, 
order the unwholesome food rendered into grease and tankage. 
Section 15. Except as elsew T here provided in this Act, any 
person, persons, firm or corporation violating any of the provi- 
sions of this Act, shall upon conviction of the first offense, be 
punished by a fine of not less than twenty-five (25) dollars 
nor more than seventy-five (75) dollars ; for the second offense, 
by a fine of not less than fifty (50) dollars, nor more than 
two hundred (200) dollars ; and for the third and subsequent 
offenses, by a fine of not less than one hundred (100) dollars 
and imprisonment in the county jail for not less than thirty 
nor more than ninety days, and all fines collected for viola- 
tions of this Act shall be . paid to the county treasurer of the 
proper county, who shall remit the same to the State Treasurer 
of the State of Montana, and said moneys shall be placed to 
the credit of the State Board of Health Maintenance Fund. 



BOUNTIES FOR KILLING WILD ANIMALS. 

Chapter 50. 

"Section 1904. That there shall be paid from the bounty 
funds of the State for the killing of wild animals inimical to 
the stock industry the following bounties : For each grown 
wolf $15.00; for each coyote $3.00; for each wolf pup S3. 00; 
for each coyote pup $3.00; for each mountain lion $10.00." 

1905. Claimant shall exhibit skin. — Any person killing any 
of the aforesaid animals, except mountain lions, to obtain 
bounty thereon, shall, within sixty days of the date of the kill- 



STATE OF MONTANA. 79 

ing exhibit the skin or skins of the said animal or animals in- 
cluding the tail and the skin from the entire head, including 
the ears thereof, to the Bounty Inspector nearest to the locality 
in which the animal or animals were killed ; and shall at the 
same time, file with the Bounty Inspector, as hereinafter pro- 
vided, an affidavit setting forth that he killed the animal or 
animals from which the skin or skins were taken ; that the same 
was killed near to, or if more than one hide is presented, that 
the greater number were killed nearer, to the residence of the 
said Bounty Inspector to which the same was presented, than 
to any other Bounty Inspector, and also state the county or 
counties in which said animals were killed, and every Bounty 
Inspector appointed under the provisions of this Act shall be 
in power to administer oaths to any and all persons making 
affidavits as aforesaid ; provided, however, that any person kill- 
ing any mountain lions to obtain bounty thereon, shall pre- 
sent the same to a Bounty Inspector as provided in this Sec- 
tion for wolves and coyotes, except that in addition to the 
requirements of this Section the skins of mountain lions shall 
also contain the entire skin of the lower jaw which shall be 
severed by the Bounty Inspector and thereafter treated in the 
same manner as scalps of wolves and coyotes herein provided. 
(Act approved March I, 1905, § 2.) (9th Sess. Chap. 49.) 

1906. Bounty inspectors. — It shall be the duty of the Judge 
of the District Court presiding over any of the counties within 
the state to forthwith appoint three representative stock grow- 
ers, whose duty it shall be to appoint, not to exceed ten Bounty 
Inspectors within any of the Counties of the State, whose duty 
shall be to receive and examine all skins or pelts presented for 
bounty within their respective localities ; the said bounty in- 
spectors shall receive ten cents for each skin examined, said 
amount to be paid by the owner of said skin; and each shall 
take the oath of office provided in case of county officers, said 
oath to be filed with the County Clerk of the County wherein 
he shall be appointed ; each Bounty Inspector shall to pre- 
vent fraud, minutely examine each skin presented, and should 
such examination disclose that the scalp and ears with the 
skin. from the entire head of each animal or animals, has not* 
been severed, punch, patched or in any manner marked, he 
shall there in the presence of the person presenting such skin 
mark each skin by severing the skin from the head, including 



80 LIVE STOCK LAWS 

the ears, and then redeliver the skin or skins to the person 
presenting- the same, and shall require the affidavit of one resi- 
dent taxpayer residing in the vicinity in which said animal or 
animals were killed, setting forth that he is a resident taxpayer, 
and tax payer on live stock in said county, giving his post- 
office address and stating that he is personally acquainted 
with the person presenting the skin or skins, and to his 
knowledge, information and belief, said person did kill or 
cause to be killed the animals from which the skin or skins 
were taken, within 1 sixty days preceeding the offering of such 
skins for a bounty, in the locality nearest to where said 
Bounty Inspector resides, and at the same time make out and 
deliver to said person, a certificate addressed to the County 
Clerk of his County, and immediately mail to said County 
Clerk a duplicate thereof, showing the date, number and kind 
of skins so marked by such severing, and the name of the per- 
son presenting the fact of the filing of the affidavit herein pro- 
vided for and 'the examination of made as required ; and said 
certificate shall be duly signed by him in his official capacity ; 
Provided, that when any doubt shall exist as to the kind of 
skin or skins presented, whether wolf or coyote, the certificate 
shall be issued for the iesser bounty, and each Bounty Inspec- 
tor shall keep a record in a bound book of all 'the skins so 
marked and served, showing the date, number and kinds, the 
names of the persons presenting the same, which book shall be 
a book of official record, and the Bounty Inspector shall imme- 
diately string upon a wire all of the said scalps, including the 
ears thereof as severed by him, and securely seal ends of said 
wire with a lead seal by means of a punch, both to be furnished 
by the State Board of Stock Commissioners, each punch to 
contain a letter of the alphabet and no two punches in the 
same County to contain the same letter, and numbering seal 
with a number corresponding with the number of Bounty 
Certifica'te issued for the skin or skins contained thereon to- 
gether with his letter ; all wolf, coyote, pup wolf, and pup 
coyote heads to be strung on separate wires, respectively, and 
so noted on said certificate the number of the heads on said 
wire. The Bounty Inspector is not authorized to examine- any 
skin or issue any certificate except on the first three days of 
each month, and any examination made by him or certificate 
issued on any other day is void. The Bounty Inspector shall. 



STATE OF MONTANA. 81 

not later than the 15th of each month, render to the County 
Clerk and Recorder of the County in which he resides a report 
setting forth the names of the persons presenting the skins, 
with the number of the certificate, the kind and number of the 
skins so presented, as to each and every certificate which 
he has issued during said month. The County Clerk shall upon 
the receipt of each said certificate file the same in the order in 
which they are received, and safely keep them until the arrival 
of the skin or skins mentioned in such certificate, properly 
sealed as hereinbefore provided, and upon the receipt of said 
skin or skins so sealed, he shall call to his assistance either the 
County Treasurer, or in his absence, the Clerk of the District 
Court, who being present, shall both, in order to prevent fraud, 
minutely examine each scalp strung upon each wire, and should 
such examination disclose the scalps as heretofore specified, 
of such animal or animals, agree with the number and kind 
of scalps or lower jaw of mountain lion mentioned in these 
said certificates, the County Clerk shall thereupon, in the pres- 
ence of said Treasurer or Clerk of District Court, destroy said 
scalps without removing same from said wire, by fire ; and 
said County Clerk shall then make out and deliver to the per- 
son named in said certificate, a second certificate showing the 
same statement of facts, as contained in the certificate of the 
Bounty Inspector with the additional statement of the exam- 
ination so made by him ; and that he found said scalps to agree 
with the number and kind mentioned in the certificate of said 
Bounty Inspector, and so stated therein in said certificate. In 
no case should a bounty certificate be issuel by the Clerk and 
Recorder for more scalps than are actually received and 
counted by him, and the County Clerk and Recorder snail 
receive for each scalp or mountain lion lower jaw accounted 
for by him, the sum of five cents each to be paid quarterly 
by the Treasurer out of the Bounty Fund. The County Clerk 
shall keep a record in a bound book of all certificates so re- 
ceived and issued, showing the date, and description of the 
number and kind of hides, and the names of the person pre- 
senting the same, which book shall be an official record. (Act 
approved March 1, 1905, § 3.) (9th Sess. Chap. 49.) 

1907. Proof of killing. — Should any Clerk or Bounty In- 
spector have reason to believe that any person presenting the 
skin or skins as above provided, has evaded the provisions of 



82 LIVE STOCK LAWS 

this Act to obtain the bounty, unlawfully, he shall require sat- 
isfactory evidence of the time, place and manner of the killing 
of said animal or animals. (Act approved March 6th, 1903, § 
5.) (8th Sess. Chap. 94.) 

1908. (§ 3074.) Warrants for bounties. — It shall be the 
duty of the state auditor, upon the written order of the state 
board of examiners, to give the person presenting said order 
a warrant upon ! the state fund hereafter provided for, for the 
amount required to compensate, at the bounty prices by this act 
provided and awarded, for the number of animals mentioned in 
the order, taking the receipt on the back of the order of the 
person presenting for the full amount received; and the state 
auditor and the state treasurer shall keep an account of all war- 
rants so issued and paid and list them in their annual report to 
the governor. (Act approved February 26, 1895.) 

1909. (§ 3075.) State bounty fund. — For the purpose of 
providing for ! the payment of the aforesaid warrants there is 
hereby created a fund to be known as the state bounty fund, 
and in addition to the twenty-five per cent, of all licenses now 
provided by law to be paid into the state treasury, by the 
respective county treasurers, there shall be paid into the said 
state treasury a further five per cent, of all said licenses, mak- 
ing a total of thirty per cent, payable into the state treasury, 
and seventy per cent, thereof to be retained by the respective 
counties collecting the same ; and it is provided that the extra 
five per cent of the said licenses thereby provided for to be 
paid into the state treasury shall, as received by the state treas- 
urer from time to time, be covered into and passed by him to 
the credit of said state bounty fund, and the said treasurer 
shall likewise cause to. be deposited to the credit of said fund 
from time to time, as he shall receive the same, of all pro- 
ceeds of the tax levy next herein provided for. (Act approved 
February 26, 1895.) 

1910. (§ 3077.) Application of surplus funds. — If at the end 
of any fiscal year there shall be a surplus of said bounty fund, 
it shall be. the duty of the state treasurer, and he is hereby 
authorized to apply such surplus on the payment of warrants 
on outstanding bounty certificates, on the order of the state 
board of examiners. (Act approved February 26, 1895.) 

I 9 11 - (§ 3 78.) Perjury. Forgery. Penalty. — Any person 
who shall falsely make, alter, forge or counterfeit, any of sail 



STATE OF MONTANA. 83 

certificates or orders shall be deemed guilty of a forgery, and 
any person who shall swear falsely to any affidavit provided 
for by this act, or procure the same to be done by anothei, 
with the intent of obtaining any one of said certificates or 
orders, shall be deemed guilty of perjury, and any person con- 
victed of any of the offenses declared in this section shall be 
punished by imprisonment in the state's prison for a term of 
not less than one year nor more than ten years. (Act approved 
February 26. 1895.) 

1812. Fraud. Penalty. — Any person 01 persons who snail 
patch up any skin or scalp, or who shall present any puncnad 
or patched skin or scalp, or who shall bring in any skin or 
skins from other States or Territory, with intent to obtain 
the bounty on same fraudulently, or any officer who shall sign 
any certificate herein provided for without first counting the 
skins and examining same to determine the kind of skins, and 
to see that the skin from the scalp or head is properly severed 
and preserved as hereinbefore provided, or shall evade any of 
the provisions, of this Act, shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be punished by a fine 
not exceeding one thousand dollars, or by imprisonment in the 
county jail not exceeding one year, or by both such fine and 
imprisonment, and that two-thirds of the fine, if the same is 
collected, or can be collected, to be given to the informer, and 
the balance be covered into the State Bounty Fund. (Act ap- 
proved February 27th, 1899, § 5.) (6th Sess. 102.) 

1913. Certificate of bounty claim; how made. — That, here- 
after, any applicant for bounty claimed for the killing of any 
stock destroying animal, under the laws of the state, shall 
in his own hand writing, fill up all blanks in the affidavit by 
law required to be made by such claimant of bounty, and, 
in stating in such affidavit the number of any kind of such ani- 
mals upon which bounty is claimed, the said applicant shaU 
state the number by writing the same in letters and, also, in 
parenthesis, in the figures ; but, in the event that such applicant 
for bounty shall be unable to write, the blanks in such affidavit 
may be written and filled in for him by any other person, save 
and except the officer before whom such application for bounty 
is made. The person so writing for any bounty claimant, who 
is unable to write and fill in the blanks of his own affidavit, 
shall write his name below the name of the claimant upon such 



84 LIVE STOCK LAWS 

affidavit. (Act approved March 5, 1907, § 1.) (10th Sess. 
Chap. 93.) 

1914. Witness to bounty certificate. — Any taxpayer upon 
livestock becoming a witness in support of any bounty claim 
shall in his own hand writing, fill in all blanks in the affidavit 
to be by him subscribed, and at the same time, the numbei 
of the several animals whose hides are exhibited to the said 
witness of the time of applying for such bounty, and shall write 
such numbers in the said affidavit both in letters and figures ; 
but, in the event that any such person acting as witness is 
unable to write, then such affidavit may be filled out in the 
manner prescribed in Section I of this Act. (Act approved 
March 5, 1907, § 2.) (10th Sess. Chap. 93.) 

191 5. Erasures or obliteration of writing on bounty certifi- 
cates. — 'No officer shall hereafter, at any time, issue any bounty 
certificate or duplicate bounty certificate which has therein any 
erasure or obliteration of any ink writing upon the same, and 
the making upon the same, or any affidavit in support of any 
bounty certificate shall render such certificate null and void. 
(Act approved March 5, 1907, §3.) (10th Sess. Chap. 93.) 

1 916. Repeal. Construction. — Article VIII, chapter V., of 
title VII., of part III., of the Political Code and all bounty 
laws, are hereby repealed, it being the purpose of this act that 
hereafter no bounty shall be paid upon any animals save 
those mentioned in § 1940 (3070) hereof. But nothing in this 
act shall be construed to affect the liability of the state or any 
county thereof for bounties earned in pursuance of existing 
laws. (Act approved February 26, 1895.) 



LOST PROPERTY. 

1996. (§ 2900.) Duty of person finding lost money, goods, 

etc. — If any person find any money, goods, things in action, or 
other personal property, or save any domestic animal- from 
drowning or from starvation, when such property is of the 
value of ten dollars or more, he must inform the owner thereof, 
if known, and make restitution without compensation further 
than a reasonable charge for saving and taking care thereof; 
but if the owner is not known to the party saving or finding 
such property, he must, within five days, make an affidavit be- 
fore some justice of the peace of the county, stating when and 



STATE OF MONTANA. 85 

where he found or saved such property, particularly describ- 
ing it, and if the property was saved, particularly from what 
and how he saved the same, stating therein whether the owner 
of the property is known to him, and that he has not secreted, 
withheld, or disposed of any part of .such property. 

1 997- (§ 2901.) Justice to appoint appraisers; duty of ap- 
praisers. — The justice must then summon three disinterested 
householders to appraise the same. The appraisers, or any two 
of them, must make two lists of the valuation and description 
of such property, and sign and make oath to the same, and 
deliver one of the lists to the finder, and the other to the 
justice of the peace. 

1998. (•§ 2902.) Justice to file the list of appraisers. — The 
justice must file such list and the finder must transmit a copy 
of the same to the county clerk of the county, who must 
record the same in a book known as the "Estray and Lost 
Property Book," within fifteen days, and the finder must at 
once set up at the court house door and four other public places 
in the township or city a copy of such valuation and a descrip- 
tion of property. 

1909. (§ 2903.) Proceedings if no owner appears within 
six months. — If no owner appears and proves the property, 
within six months, and the value thereof does not exceed 
twenty dollars, the same vests in the finder, but if the value 
exceeds twenty dollars the finder must within thirty days after 
setting up the list mentioned in the preceding section cause 
a copy of the description to be inserted in some newspaper 
printed in the county, if there be one, and if not, in some news- 
paper printed in the state, for three weeks and if no owner 
prove the property within one year after such publication it 
vests in finder. 

2000. (§ 2904.) Finder to restore property, when. — If, with- 
in one year, an owner appears and proves the property and 
pays all reasonable charges, including fees of officers, the finder 
must restore the same to him. On failure to make restoration 
of such property, or the appraised value thereof, on being 
tendered such charges and. fees, the owner may recover the 
same or the value thereof by civil action in any court having 
jurisdiction. 

2001. (§ 2905.) Finder failing to make discovery, penalty. 
— If any person find any money, property or other valuable 



86 LIVE STOCK LAWS 

thing, and fail to make discovery of the same as required by 
this article, he forfeits to the owner double the value thereof. 
2002. (§ 2906.) Proof, how made. — The proof required by 
this article must be made before the county clerk, with whom 
the list provided for herein is filed, and if he' is satisfied there- 
from that the person claiming to be, is the owner, he must 
certify that fact under his hand and seal. 



FENCES. 
2082. Legal fences defined. — The following fences only are 
legal, and they must not be less than four feet-four-inches in 
height. 

1. All fences constructed of at least one strong pole, rail or 
board, and three of either wires, or strong poles, rails, ' or 
boards, or both, so that there be three altogether thereunder, 
which lower three, whether all wires, or poles, rails or boards 
and wires, may be arranged at the pleasure of the builder; 
but all must be fastened firmly, as nearly equidistant as pos- 
sible to substantial posts firmly set in the ground, not more 
than twenty feet apart, or set to well supported, substantial 
leaning posts not more than twenty feet apart. But the lower 
pole, rail, board or wire, must not be more than one foot and 
a half above the ground. 

2. All fences constructed of at least four horizontal wires 
each, if cabled, to consist of not less than two wires, of at least 
number twelve gauge ; or, if plain, of not less than a number 
nine gauge, the lowest of which must not be more than one 
foot and a half above the ground, securely fastened, as nearly 
equidistant as possible to substantial posts, firmly set in the 
ground, or to well supported, substantial leaning posts, not 
exceeding thirty-two feet apart, with pickets of wood or wire 
interwoven in or fastened to said wires, between each two of 
said posts, in such manner that there must not be more than 
five and one-half feet space between such pickets and posts 
or nearest pickets ; the pickets, if of wire to be of not less than 
number eight gauge. 

3. All substantial worm fences and stone walls. 

4. All rivers, hedges, mountain ridges and bluffs or other 
barrier, over or through which it is impossible for stock to pass. 
But none of the fences hereinabove described are legal for 



STATE OF MONTANA. 87 

stqckyards or places where either grain, hay or straw is kept ; 
but such places must be inclosed by a fence at least six feet 
high, constructed of one strong pole, board or rail, with at least 
five strong rails, poles, or boards or barbed wire thereunder 
securely fastened, as nearly equidistant apart as possible, 
to substantial posts firmly set in the ground, not more than 
fourteen feet apart ; provided, that where wire is used in stock 
yards, smooth wire only, and not barbed wire, shall be used. 
5. All fences constructed of any standard woven wire field 
fencing, not less than four-feet-four-inches in height, securely 
fastened to substantial posts, set at a distance not exceeding 
thirty-five feet apart. (Act approved February 27, 1905.) 
(9th Sess. Chap. 37.) 

2083. (§ 3 2 5 1 -) Penalty for violation. — Any person con- 
structing or maintaining any fence of any kind not described 
in the next preceding section, is liable in a civil action for all 
damages caused by reason of injury to stock resulting from 
such defective fence. . 

2084. (§ 3 2 5 2 -) Barbed wire fences to be kept in repair. — 
The owners of barbed wire fences must keep the same in repair, 
and any person receiving notice in writing, that his barbed 
wire fence or any part thereof is down, or in such condition 
as to be likely to injure any livestock, and fails or refuses to 
repair such fence, is liable to pay damages in an amount equal 
to the value of any cattle, horse, mule or other domsetic ani- 
mal which may be injured by coming into contact with the 
fence. 

2085. (■§ 3253.) Partition fences. — The occupants of adjoin-' 
ing lands enclosed with fences must build and maintain parti- 
tion fences between their own and the next adjoining enclosure 
in equal shares, so long as both continue to enclose the same; 
and such partition fence must be kept in good repair through- 
out the year, unless the occupants otherwise mutually agree. 

2086 (§ 3254.) Partition fences to be maintained at joint 
expense. — If any occupant of land adjoining the enclosure of 
another enclose the same, upon the enclosure of such other 
person, he must, within three months thereafter, build his 
proportion of such partition fence, or refund to the owner 
thereof an equal proportion of the value, at that time, of any 
partition fence of such adjoining occupant. 

2087. ('§ 3 2 55) Fence when joint occupancy ceases. — 



88 LIVE STOCK LAWS 

Whenever any lands belonging- to different persons' in sever- 
alty, have been enclosed and occupied in common, or without 
a partition fence between them, and one of such occupants 
desires to occupy his part in severalty, the other occupant must, 
within six months after being notified in writing, build and 
maintain his proportion of such partition fence as may be 
necessary for that purpose and in case of neglect or refusal 
so to do, the person giving such notice may build such fence 
at the expense of the person so neglecting or refusing, the 
amount expended to be recovered in an action, together wit*i 
all damages he may sustain on account of such neglect or 
refusal. 

2088. (§ 3256.) When partition fence removed. — If the oc- 
cupants of adjoining lands have heretofore built or hereafter 
build their respective portions of a partition fence, and either 
of them at any time desires to suffer the land occupied by him 
to lie open, he may, after having given to the occupants of the 
adjoining land at least six months' notice of his intention so- 
to do, remove his proportion of the partition fence, unless such 
adjoining occupant pay or tenders to him the value thereot; 
and if such fence be removed without notice, or after payment 
or tender of the value as aforesaid, the person removing the 
same is liable to the person injured for all damages he may 
sustain thereby. 

2089. (§ 3257.) Repairs of partition fences. — In case any 
person neglects or refuses to repair or rebuild any partition 
fence which by law he ought to biuld or maintain, the occu- 

*pant of the adjoining land may, after giving sixty days' notice 
that a new fence should be erected, or five days' notice in 
writing that the repairing of such fence is necessary, build ot 
repair such fence at the expense of the party so neglecting or 
refusing, the amount so expended to be recovered from him 
and the party so neglecting or refusing, after receipt by him 
of the notice above provided, is liable to the party injured 
for all damages he may sustain thereby. 

2090. (■§ 3258.) Liability of owners of stock for trespass. — 
If any cattle, horse, mule, ass, hog, sheep, or other domestic 
animal break into any enclosure, the fence being legal, as 
hereinbefore provided, the owner of such animal is liable for all 
damages to the owner or occupant of the enclosure which may 
be sustained thereby. This section must not be construed so- 



STATE OF MONTANA. 89 

as to require a legal fence in order to maintain an action 
for injury done by animals running at large contrary to law. 

2091. (§ 3259.) Stock trespassing may be retained. — If any 
such animal breaks into an enclosure surrounded by a legal 
fence, or is wrongfully upon the premises of another, the owner 
or occupant of the enclosure or premises may take into his 
possession the animal traspassing, and keep the same until all 
damages, together with reasonable charges for keeping and 
feeding. Any person who takes or rescues any such animal 
from the possession of the person in whose custody the same 
may be, without his consent is liable to a penalty of not less 
than five nor more than twenty-five dollars for each of the ani- 
mals so rescued, which may be recovered by such occupant or 
owner in any court of competent jurisdiction. Within twenty- 
four hours after taking such animal into his possession, the 
owner or occupant must give notice to the claimant of the ani- 
mal that he has taken up the animal, if known, or if unknown, 
he must post a like notice at some public place near the prem- 
ises. 

8868. (§ 1 194.) Unlawful and dangerous fences. — That any 
person owning any lands in this state, or if the owner is not a 
resident wherein said land is situated, his managing agent, or 
if such lands are leased, the lessor, who shall permit any barbed 
or other wire to remain down, or broken in such condition as to 
be dangerous to live stock, for the period of thirty days, and 
the further period of ten days, after personal service upon him 
of a notice in writing, to repair said wire, shall be deemed 
guilty of a misdemeanor. (Act approved March 18, 1895.) 

8753. Destruction of fence or" enclosure. — Every person who 
wilfully and maliciously cuts, tears down, removes, or in any 
other manner injures or destroys any fence or other enclosure 
of lands, other than public, belonging to another, is guilty of 
a misdemeanor, and upon conviction is punishable by a fine 
not less than Twenty-five dollars nor more than Two Hundred 
dollars, or by imprisonment in the county jail not less than 
thirty days or more than six months, or by both such fine and 
imprisonment. (Act approved February 28th, 1903.) (8th 
Sess. Chap. 41.) 

8832. (§ 1 1 59.) Leaving gate of an enclosure open. — Every 
person who wilfully leaves open a gate leading in or out of any 
enclosed premises, whether enclosed by a lawful fence or not, is 
punishable by a fine not exceeding twenty-five dollars. 



90 LIVE STOCK LAWS 

AUCTIONEER 

2 1 19. (§3400.) Who may become auctioneers, and how. — 

Any citizen of this state may become an auctioneer, and be 
authorized to sell real or personal property at public auction hi 
any county in this state, on giving a bond in accordance with 
the provisions of this article for the faithful performance of 
his duties, and on payment of the license therefor in eve^ 
county in which he may do business. (Act approved March 7, 

1895-) 

21 3 l - (§ 34 2 3-) Book for live stock. — Every auctioneer who 
sells any animal of the horse kind, or any mules, must keep a 
book, in which he must register the name of each and every 
person bringing or offering any horse or mule to be sold, to- 
gether with the marks and brands. The book is a public 
record, subject to the inspection of any person desiring lo 
inspect the same. 

8850. (§ 1 177.) Selling horses, etc., at auction. — Every per- 
son who sells at auction any horses, mules, asses, or cattle, and 
fails to record in a book the name of the person who offers for 
sale said animals, the names of the. owners with their resi- 
dences, the color, brand, mark, size, and age of the animal of- 
fered for sale, or fails to keep said book open for the inspection 
■of any person, is punishable by a fine not exceeding fifty dol- 
lars. This Section does not apply to judicial sales. 



TAXATION OF ASSESSMENT. 

2502. (§ 3690.) Property assessed at cash value. — All tax- 
able property must be assessed at its full cash value. Land 
and the t improvements thereon must be separately assessed. 

2 53°- (§ 37 2 °-) Live stock, where assessed. — Live stock 
belonging" to a permanent resident of the state must not be 
listed or assessed while such stock is in transit, nor until it 
arrives in the county where the person owning the same re- 
sides, and must be listed and assessed in such county. If such 
live stock runs at large in a county other than the one in 
which such owner resides, it must be listed and assessed in 
such county. 

2531. Stock brought into the state for grazing. — All live 
stock brought into this state by any person or persons whom- 
soever, for the purpose of being grazed for any length of time 



STATE OF MONTANA. 91 

whatsoever, shall be taxed for the year in which such live 
stock shall be brought into the State. (Act approved March 
14, 1901 § 1.) (7th Sess. 57.) 

2532. Certificate to be filed with county clerk. — It shall be 
the duty of every person bringing live stock into any county 
in this state, for grazing purposes as hereinbefore provided, 
to set out in a certificate under the hand of such person, or his 
agent, the number of live stock, with the brands, if any, upon 
the same, and file the said certificate with the county clerk 01 
the county in which said live stock shall be first brought fo: 
the above purpose. (Act approved March 14, 1901, §2.) (7th 
Sess. 57.) 

2533. Assessment of stock listed. — It shall be the duty of 
the county clerk, upon such certificate being filed as aforesaid, 
to keep an index of the same in his office for the inspection 
of all persons, and within ten days after the filing of the same 
to certify a copy of said certificate under his hand to the 
assessor of the County. It shall be the duty of the County 
Assessor to immediately enter an abstract of said certificate 
upon the tax list for the current year. If such certificate is 
filed with Assessor prior to the annual levy of taxes by the 
Board of County Commissioners, such assessor shall enter 
said assessment upon assessment roll, unless such rolls have 
already been completed, in which event he shall make a sup- 
plemental report, including all assessment of this character. 
If such assessment is made after the annual levy has been 
made, the said Assessor shall transmit said copy to the County 
Treasurer of the county, who shall immediately enter an ab- 
stract of such certificate upon the tax list for the said year, 
and shall proceed to collect the sum of money due and pay- 
able, from the person so keeping and herding said live stock, 
or his agent, and in the event that it is necessary for the said 
treasurer to collect the taxes' due upon such live stock by 
distress and sale of said live stock, and all necessary expenses 
and costs occurring from such sale shall be deducted in the 
same manner as is now provided by law for the collection 
of taxes assessed upon personal property, without any further 
warrant to him for that purpose. (Act approved March 14th. 
1901, § 3.) (7th Sess. Chap. 58.) 

2534. Deposit or bond to secure tax. — Any person named 
in § 2 53 2 ( 2 ) of this Act, or his agent, who shall bring live 



92 LIVE STOCK LAWS 

stock into this state for grazing purposes, prior to the lev}' 
of the regular tax by the Board of County Commissioners of 
the county into which the said live stock are brought shall be 
required by the assessor of the county wherein the said live 
stock may be kept and herded to pay the sum of forty cents 
on each and every head of cattle and ten cents on each and 
every head of sheep or any other live stock brought into such 
county for the purpose of grazing as aforesaid ; provided, how- 
ever, that the said payment of forty cents per head on cattle 
and ten cents per head upon sheep and other live stock, shall at 
the end of such year be returned to the said person paying the 
same upon the showing that he has paid the regular annual tax 
in that county for that year, upon all of said property the 
same as other persons have paid upon like property perma- 
nently located in this State; or such portion of said payment 
shall be returned as may exceed the amount of regular county 
taxes, for the said year ; provided, that such re'bate shall be 
paid in a county warrant or certificate of indebtedness, issued 
by order of the board of county commissioners of said county ; 
and, provided, further, that any person so bringing any live 
stock into any county of this state from any other state or 
territory, in the manner hereinbefore provided, in lieu of the 
payment of the said forty cents on each and every head of 
cattle, and ten cents per head for each and every head of sheep 
or other live stock, may execute a bond to said county, with 
two or more securities to be approved by the county treas- 
urer, conditional that such person will regularly list the said 
live stock for taxation in such county for that year, in the 
manner provided by law, and will punctually pay all taxes 
which may become due thereon during that year, and in such 
case the said charge of forty cents per head upon cattle and 
ten cents per head upon sheep and other live stock shall not be 
collected. (Act approved March 14, 1901, § 4.) (7th Sess. 

58-90 

2535. Penalties. — Any person named in § 2532 (2) of this 
Act, or his agent, who shall bring any live stock into this 
state for grazing purposes, and shall keep and herds the same 
in any county of the state without first filing said certificate, 
and without paying the amount of money per head, as here- 
inbefore provided, or giving the bonds named in § 2534 (4) 
of this Act, shall be fined in a sum of not less than ten dollars 



STATE OF MONTANA. 93 

nor more than one hundred dollars and shall further forfeit 
and pay the sum of fifty cents for each and every head thereof, 
for the use of said county, which said forfeit shall be col- 
lected by a civil action in the name of the county in which 
the said live stock are, or were so kept and herded. (Act 
approved March 14, 1901, § 5.) (7th Sess. 59.) 

2536. Action to recover penalties. — It shall be the duty of 
the county commissioners of the county in which such live 
stock shall be kept and herded without having first complied 
with the provisions of this Act, upon receiving satisfactory in- 
formation of such facts, to institute such civil action in the 
name of the county, against the persons so keeping or herd- 
ing such live stock or his agents. If the owner of such live 
stock be not know to such commissioners it shall be lawful 
to make the agent of such person, or any person having the 
care and custody of such live stock (the defendant in sucn 
action, and service of the summons upon such agent, or per- 
son having the care and custody of such live stock, shall be 
considered and held to be personal service upon the owner 
thereof. (Act approved March 14, 1901, §6.) (7th Sess. 59- 
60.) 

2537. Removal with intent to evade payment. — If any per- 
son having the care and custody of such live stock shall, pend- 
ing an action instituted as provided in the last section, drive 
or move said live stock out of the county with intent to move 
the same out of the state, or with intent to evade the payment 
of the forfeiture hereinbefore named, upon affidavit to that 
effect being made and filed in an action brought to recover 
said forfeiture or tax herein provided, writs of attachment may 
issue as in civil actions and the proceedings therein shall be 
as in other cases, except that no undertaking on attachment 
shall be required; and in addition thereto, any person so driv- 
ing or moving such live stock shall be punished by a fine of 
not less than ten dollars nor more than one hundred dollars, 
and by imprisonment in the county jail for not exceeding six 
months, for each and every offense. (Act approved March 
14th, 1901, § 7.) (7th Sess. 60.) 

2538. Duty of board of equalization.— In addition to the 
other duties prescribed by law, the assessor of each county is 
hereby required to present to the board of equalization of 
each county, a statement setting forth such live stock and all 



94 LIVE STOCK LAWS 

other property whiclh has not been assessed, or which has been 
assessed for less than its correct value, by reason of erroneous 
reports, and it shall be .the duty of said board of equalization 
to immediately, while sitting as such board, investigate and 
in the advent that the person owning such property has been 
assessed for a smaller amount of property, or a less valuation 
than should properly have been given, to correct such assess- 
ment in the manner provided for the correction of assessment 
by the board of equalization. (Act approved March 14, 1901 , 
§ 8.) (7th Sess. 60.) 

2539. Failure of officer to perform duty. Penalties. — Any 
county officer or member of the board of county commissioners 
or board of equalization, who shall fail to perform the duties 
prescribed in this act, shall be guilty of a misdemeanor, and 
shall be punished by a fine of not less than twenty five dollars, 
nor more than five hundred dollars. (Act approved March 
14th, iQOi, § 9.) (7th Sess. 60.) 

Chapter 125. 

An Act to Provide for the Assessment of Livestock, Creating 
a Migratory Stock Fund, and Providing for the Collection 
and Distribution of Texas Thereon. 
Be it enacted oy the Legislative Assembly of the State of Montana: 

Section 1. All livestock kept, fed, pastured, ranged, or 
grazed, or which does range or graze in more than one county 
of the State during any yea,r, shall be assessed for taxation in 
the county in which it is found at the time fixed by law for 
the assessment of all property in the State, and such county 
in which such livestock is so assessed, or liable to be assessed, 
shall be known as the home county, and- at the time of the 
assessment of a herd or band of livestock, the owner thereof, 
or his ageric, shall make and deliver to the assessor a written 
statement, under oath, showing the proper description and 
different kinds of such livestock within the county, belonging 
to him or under his charge, with their marks and brands, and 
showing the full time during the current year that such live- 
stock, and every part, portion and kind thereof, has been, and 
will be within the county, and such livestock and the owner 
thereof shall be liable to the said county for the taxes thereon, 
as other property is liable. 

Section 2. Whenever such livestock is removed, kept, fed, 
or pastured, or permitted to range or graze, or does range or 



STATE OF MONTANA. 95 

graze in any county other than its home county, the owner 
thereof, or the person in charge, or his agent, shall, within 
fifteen days from the time any such stock enters such other 
county, deliver to the assessor of such county, and to the 
assessor of the home county, a written statement, under oath, 
similar in all respects, as far as practicable to the statement 
required at the time of the assessment. 

Section 3. Each county of the state in which livestock is 
kept, fed, or pastured, or in which it is permitted to range or 
graze, or does range or graze, is entitled to receive the taxes 
on said property, in proportion to the time that the same is 
in such county, and the county to which said livestock is so 
removed shall be entitled to receive and recover from the home 
county the taxes collected on said stock, in proportion to' the 
time for the current year such stock is so kept, fed, or past-- 
ured, or does range or graze in the county other than where 
said livestock is assessed. 

Section 4. The assessor shall indicate on the assessment 
roll livestock which has, or will be kept, fed, pastured, ranged 
or grazed in more than one county, and the treasurer, on col- 
lecting the taxes thereon in the county in which the same is 
assessed, shall remit the portion levied for state purposes, 
as in case of other taxes levied by the State of Montana, and 
he shall place the remainder of the tax in a separate fund, 
known as the migratory stock fund, which shall be subject 
to distribution, as hereinafter provided. 

Section 5. At the regular meeting in March of the Board 
of County Commissioners, the assessor of such county shall 
transmit to the Board all information filed with him or in his 
possession, concerning stock assessed, wherein the taxes are 
to be apportioned between two or more counties, and the 
Board of County Commissioners shall proceed, on receipt of 
such information, to distribute said migratory stock fund, in 
proportion to- the time said stock has been in each of such 
counties, as above provided, and order warrants drawn in 
favor of the counties entitled to receive a portion of the said 
taxes against such migratory stock fund, and the portion re- 
maining, belonging to the home county, shall be distributed 
on the order of the Board of County Commissioners to the 
proper fund, according to the tax levy made during the year 
such assessment was levied, and the Board shall make a like 



96 LIVE STOCK LAWS 

distribution of all moneys received from other counties, under 
the, provisions of this Act. 

Section 6. No- County, by reason of the removal of stock 
from the home county after assessment, shall be entitled to 
receive a portion of the taxes collected by reason of said live- 
stock being* fed, pastured, ranged or grazed in a county other 
than the home county because of the change of ownership of 
said livestock at the time of its removal, or while being fed 
or pastured in a pen, field or enclosure. 

Section 7. Any person or persons, company or corpora- 
tion, who is the owner, or has in charge any livestock within 
this State, who^ refuses to make the statement or statements 
as provided in Section One of this Act, shall be guilty of a 
misdemeanor, and upon conviction thereof shall be fined in 
a sum not exceeding One Hundred Dollars. 

Section 8. All Acts and parts of Acts in conflict herewith 
are hereby repealed. 

Section 9. This Act shall be in full force and effect from 
and after its passage and approval. 

Approved March 8, 1909. 

Chapter 49. 
"An Act Providing for the establishment of a Tax Levy on 
Live Stock for the purpose of Paying Bounties on Wild 
Animals, and for Stock Inspection, Protection, and Indemni- 
ty purposes, and providing a method thereof." 
Be it enacted by the Legislative Assembly of the State of Montana: 

Section 1.. A tax levy is hereby authorized on all livestock 
in this state for the purposes of paying bounties for the killing 
of wild animals injurious to the stock industry in this state, 
and for the purpose of Stock Inspection, Stock Protection, and 
Stock indemnity, as may be provided by law. 

Section 2. The State Board of Equalization is hereby em- 
powered and it is made its duty annually to prescribe the levy 
to be made against live stock of all classes for the purposes 
above indicated. 

Section 3. The levy authorized to be made for Stock 
Indemnity, Inspection and Protective purposes shall not exceed 
one half a mill on the dollar upon the assessed valuation of all 
livestock, and the money so levied and collected shall be an- 
nually transmitted with other taxes for state purposes to the 
State Treasurer by the County Treasurer of each County, and 



STATE OF MONTANA. 97 

shall be by the State Treasurer apportioned between the Stock 
Inspection and Detective Fund, and the Sheep Inspection and 
Indemnity Fund in proportion to the amount of taxes paid 
upon sheep as compared to other livestock. In other words 
the revenue derived from taxes on sheep shall be by the 
Treasurer placed to the credit of the Sheep Inspection and In- 
demnity Fund, and taxes paid upon other livestock shall be 
by the Treasurer credited to the Stock Inspection and Detec- 
tive Fund. 

Section 4 The levy authorized to be made for the bount3 r 
fund shall not exceed three and a half mills on the dollar upon 
the assessed valuation of all livestock, and the money so levied 
and collected shall be transmitted annually with other taxes 
for state purposes to the State Treasury by the County Treas- 
urer of each County, and shall be by the State Treasurer placed, 
to the credit of the Bounty Fund, and such money shall there- 
after be paid out only on claims duly and regularly presented 
to the State Board of Examiners in accordance with the law 
for the payment of bounties for the killing of wild animals. 

Section 5. The funds derived by the levy herein provided 
for bounty purposes shall be used and applied only in pay- 
ment of claims for bounties for the killing of wild animals 
after the passage and approval of this Act, and such funds 
shall not be used to pay any bounty claims now outstanding 
against the state. 

Section 6. All claims for bounties made against the state 
hereafter, if passed, allowed and not paid within a period of 
thirty days after presentation, shall be registered in the office 
•of the State Board of Examiners in a book to be provided for 
v-ich purpose, and thereafter shall bear interest at the rate 
•of four (4%) per cent, per annum until paid. 

Section 7. All Acts and parts of Acts in conflict herewith 
are hereby repealed. 

Section 8. This Act shall be in full force and effect from 
and after its passage and approval. 

Approved February 25, 191 1. 



RAILROADS, STOCK KILLED BY. 

4308. Fences and cattle guards. — 'Railroad corporations must 
make and maintain a good and legal fence on both sides of 
their track and property, and maintain, at all crossings, cattle 



98 LIVE STOCK LAWS 

guards over which cattle or domestic animals cannot pass. In 
case they do not make and maintain such fence and guards, 
if their engines or cars shall kill or maim any cattle or other 
domestic animals upon their line of road, they must pay to the 
owner of such cattle or other domestic animals, in all cases, 
a fair market price for the same unless it occurred, through tile 
neglect or fault of the owner of the animal so killed or maimed. 
Provided, that nothing herein shall be construed so as to pre- 
vent any person, or persons, from recovering damages from 
any railroad corporation for its negligent killing or injury to 
any cattle, or other domestic animals, at spurs, sidings, Y's, 
crossings and turn tables. (Act approved March I, 1907.J 
(10th Sess. Chap. 59.)' 

43°9- (■§ 95 1 -) Liable for injury from negligence. — Every 
•railroad corporation or company operating any railroad, or 
branch thereof, within the limits of this state, which shall 
negligently injure or kill any horse, mare, gelding, filly, jack, 
jenny, or mule, or any cow, heifer, bull, ox, steer, or calf, or 
any other domestic animal, by running any engine or engines, 
car or cars, over or against any such animal, shall be liable 
to the owner of such animal, for the damages sustained by 
such owner by reason thereof. The killing or injury shall 
be prima facie evidence of negligence on the part of such 
corporation or company. 

4310. (i§ 952.) Right of way shall be clear from dead grass. 
— It shall be the duty of all railroad corporations or railroad 
companies operating any railroad within this state to keep 
their railroad track, and either side thereof, for a distance of 
one hundred feet on each side of the track or roadbed, so far 
as it passes through any portion of this state, free from dead 
grass, weeds or any dangerous or combustible material ; and 
any railroad company or corporation failing to keep its railroad 
track and each side thereof free as above specified shall be 
liable for any damages which may occur from fire eminating 
from operating such railroad, and a neglect to comply with 
the provisions of this section in keeping free any railroad 
track, and either side for a distance equal to the space of 
ground covered by the grant of the right of way for the rail- 
road corporation or company, shall be prima facie evidence 
of negligence on the part of any such railroad corporation or 
company. But no railroad corporation or company shall be 



STATE OF MONTANA. 99 

required to keep free as above specified any land not a part 
of its right of way. 

431 1. Designation of stations where records are kept. — It 

shall be the duty of any corporation, association, company, per- 
son or persons owning, controlling or operating any railroad, 
or branch thereof, in this state, to designate some station on 
the line of the same, in each county through which it passes, 
at which it shall keep a suitable book, and within thirty days 
after the killing or injuring of any animal or animals, to cause 
to be entered therein the date when, and the place where the- 
same were killed or injured, as near as may be, to- 
gether- with a description thereof, including the age, color 
and sex of the same, and marks and brands, upon the same as 
near as the same can be done, which said book shall be kept 
for the inspection of any person or persons claiming to be 
interested in the inspection thereof and shall cause a notice 
of the station so designated to be filed with the county clerk 
of the county in which said station is situated ; Provided, that 
when such railroad or branch thereof shall run to or through 
any town or station at which' is located the county seat of 
any county, then such books shall be kept at such town or 
station at which said county seat is located, and the affidavit 
provided for by Section 4313 (955) of this Code as amended 
by an Act entitled "An Act to amend Section 955 of Chapter 
III, Title VIII, Part IV, Division I, of the Civil Code of Mon- 
tana relating to livestock killed or injured and to add to said 
Chapter a Section to be known as Section 955/' approved 
March 6, 1903, may be served on the agent of such station. 
(Act approved February 21, 1905.) (9th Sess. Chap. 29.) 

4312. (§ 954.) Penalty. — Any corporation, association, per- 
son or persons so owning, controlling or operating such rail- 
road or branch thereof, failing to designate said station, file 
said notice, keep said book and make the entry as provided 
in the preceding section, shall be liable to the owner or owners 
of the animal or animals so killed or injured, whether negli- 
gently done .or not, and the court or jury before whom any 
action is tried for the recovery of damages on account there- 
of, may, in its or their discretion, render verdict and judgment 
for the amount of the value of any such animal or animals 
so killed, or the amount of damages sustained by reason of 
injury thereto. 



100 LIVE STOCK LAWS 

4313. Affidavit of ownership and value. — In case any cor- 
poration, association, or company, person or persons shall com- 
ply with the provisions of Section 431 1 (953), of this Chapter, 
it shall be the duty of the owner or owners of any animal or 
animals, killed or injured as aforesaid, or his agent, or their 
agent, within thirty days after information shall have reached 
him or tlhem of the killing or injury of such animal or animals, 
to make affidavit of such ownership and the market value of the 
animal or animals, so killed, or the amount of damages occa- 
sioned by such injury, and deliver the same to the person in 
charge of the said book or station, so designated, and thereupon 
said corporation, association, company, person or persons, shall 
have fifty days within which to pay the amount claimed, and 
no action shall be instituted for the recovery of the value of 
or damages to such animal or animals until the expiration of 
said time. And whenever any of the livestock referred to in 
this Chapter shall be injured or killed, as therein recited, and 
the owner or owners thereof, shall thereafter institute an 
action for the recovery of the loss or damage so sustained by 
him, or them, the Court in which such action shall be brought 
shall, if the plaintiff in such action recover a judgment against 
the defendant therein, tax, as part of the costs therein, a reason- 
able sum to be fixed bv the Court as a fee to the plaintiff's at- 
torney for conducting said action, which said fee, so fixed and 
allowed, shall be paid by or collected from the defendant in such 
action in. like manner as other costs, provided, that no such fee 
shall be allowed by the Court or collected from the defendant 
when it shall appear from the pleadings or proof in any such 
action that the defendant prior to the institution of such action, 
offered or agreed to pay to the plaintiff therein, in settlement 
of the loss or damages claimed a sum equal to or in lexcess 
of the amount, recovered as damages in said action. (Act ap- 
proved March 6, 1903.) (8th Sess. Chap. 101.) 

4314. (§ 956.) Company may deposit value of animal. — If 
any corporation, association, company, person or persons, so 
owning, controlling, or operating any such railroad or branch 
thereof, shall kill or injure any animal or animals as aforesaid, 
and shall tender to the owner or owners thereof, or to his 
or their agent in that behalf, the amount which the} 7 shell deem 
to be the value thereof or the damage thereto, as the case 
may be ; or if said railroad, corporation, association, company, 
person or persons, shall deposit with the board of stock com- 



STATE OF MONTANA. 101 

missioners such amount for the owner or owners thereof; and 
such owner or owners, or his or their said agent shall refuse 
to accept the same in settlement thereof, then such owner or 
owners shall pay all costs incurred in any action instituted, 
after such tender or deposit, to recover such value or damage, 
unless he or they shall recover therein more than the amount 
so tendered as aforesaid. 

4315. Recovery by the secretary of the state board of stock 
commissioners. — That where live stock are killed by railroad 
corporations in violation of Section 4308 (950) of the Civil 
Code, as amended by Chap. 29, Laws of 1905, in the event 
the owner of any such livestock shall not claim or assert 
claims against any such railroad or railroad corporation for 
the value of the livestock so killed within six months from the 
date they are killed, the Secretary of the State Board oi Stock 
Commissioners is hereby authorized to demand and receive 
from such railroad or railroad company payment in damages 
for such live stock, and the said Board of Stock Commissioners 
are hereby authorized and empowered to prosecute in the 
name of the State, actions against such railroad or railroad 
companies in any court of competent jurisdiction to recover 
damages in the event of the failure, neglect or refusal of such 
railroad or railroad companies to make payments of the amount 
of the claim upon demand as herein provided. The money 
so recovered shall be paid over to the Secretary of the State 
Board of Stock Commissioners and shall be by him placed and 
held in a separate fund and disposed of as herein provided. 
Such money shall be held by the Secretary of the State Board 
of Stock Commissioners for a period of two years after the 
date of its receipt, and in the event that the lawful owner of 
the animal killed does not present and prove his claim to the 
net proceeds received from the animal killed within said time 
the same shall be paid over to the State Treasurer of the State 
of Montana, and be by him placed to the credit of the Stock 
Indemnity Fund. However, should the owner of the animal 
killed present and prove his claim within the time herein pro- 
vided, the Secretary of the State Board of Stock Commission- 
ers, of said Board are hereby authorized and empowered to 
pay such claimant the amount of money to wihch he is enti- 
tled for the animal or animals so killed by any railroad or rail- 
road company, the damages for which have been collected by 



102 LIVE STOCK LAWS 

the said board of Stock Commissioners or the Secretary thereof 
as provided in this Act. In all actions prosecuted for the 
recovery of the value of live stock killed under the provisions 
of this Act the plaintiff shall recover all costs. In the event 
the owner of any animal or animals killed has not presented 
his claim against the railroad or railroad company which 
caused the same to be killed, any settlement made or obtained 
by the State Board of Stock Commissioners or the Secretary 
thereof shall constitute a bar as against any action by the 
owner of such animal or animals. (Act approved March 9th, 
I 9°7-) (10th Sess. Chap. 183.) 

4316. (i§ 957.) Penalty for driving animal or animals upon 
track. — If -the owner or owners or his or their duly authorized 
agent or agents of any animal or animals heretofore mentioned, 
shall drive the same upon the track of any such corporation, 
association, company, person or persons with the intention 
to injure it or them, and such animal or animals shall be 
killed or injured, such owner or owners shall be liable for the 
injury or damage occassioned by reason of such act, and shall 
be punished as provided in the Penal Code. 

43 I 7- 0§ 958.) Carcass and hide of animal. — In all cases 
where any corporation, association, company, person or pe:- 
sons, shall be liable to the owners of any animal killed as pro- 
vided in this chapter, they shall be authorized to skin the same, 
and shall be entitled to the carcass and hide thereof, unless 
the owner or owners thereof shall claim the same, in which 
event the amount of the value thereof shall be deducted from 
the amount of damages which would otherwise be due. But in 
case such corporation, association, company, person or per- 
sons, so entitled thereto, shall take said carcass and hide, and 
shall skin such animal or animals and deposit the hide thereof 
at the station designated for keeping the book and making 
the entries hereinbefore provided for, during the space of 
sixty days, for the inspection of persons claiming to be inter- 
ested therein. 

4318. (§ 959). Regulations concerning fences. — That any 
railroad corporation or lessee, person, company or corporation 
operating any railroad in this state -which may hereinafter 
fence their right of way, shall make crossings through their 
fence and over their roadbeds along their right of way, every 
four miles thereof or as near thereat as may be practicable. 

(Act approved March 2, 1893.) 



STATE OF MONTANA. 103 

43 I 9- ('§ 960.) Cattle guards. — Such opening shall not be 
less than sixty feet in width. Said railroad company or lessee, 
person, company or corporation operating any railroad shali 
place cattle-guards on either side of the said opening, suffi- 
cient to prevent any cattle from entering upon the said right of 
way enclosed. (Act approved March 2, 1893.) 

4320. (■§ 961.) Openings under trestles. — That the said 1 " 
railroad, lessee, person or company operating any railroad 
in addition to said openings, shall leave unfenced any places 
where the said railroad runs over trestles that are sufficiently 
high for cattle to go underneath the same. (Act approved 
March 2, 1894.) 

4321. (§ 962.) Limitations. — The provisions of this bill 
shall only apply to grazing country. (Act approved March 2, 

i8 93 .)' 

4322. (§ 963.) Penalty. — Any railroad corporation or 
lessee, person, company or corporation operating any railroad 
in this state violating the provisions of this act shall be deemed 
guilty of a misdemeanor, and upon conviction thereof in any 
court of competent jurisdiction, shall be fined in a sum not 
less than one hundred dollars and not more than five hundred 
dollars. (Act approved March 2, 1893.) 

8561. (■§ 720.) Animals killed by railroads. — Except as 
otherwise provided, every person who violates any of the pro- 
visions of Chapter III., Title VIII., Part IV., Division I., of 
the Civil Code, relating to live stock killed or injured by rail- 
roads, is guilty of a misdemeanor. 



RAILROADS, FIRES. 
4360. Fire guards. — That every railroad corporation operat- 
ing its lines of road or any part thereof within this state, shall, 
between the 15th day of April and the 1st day of July, in the 
year 1903 and each succeeding year thereafter, plough in a 
good and workman like manner, covering the sod well upon 
each side of its line of road wherever it pass v es through a range 
or grazing country, a continuous strip of not less than six feet 
in width on each side of its track, as a fire-guard, which said 
strip shall as near as practicable run parallel with the line or 
lines of said railroad, and in addition to said ploughing, said 
railroad company shall cause to be burned between the fif- 
teenth day of July, and the fifteenth day of September of each 



104 LIVE (STOCK LAWS 

year, all the grass and vegetation between the said ploughed 
strip and the line of fifty (50) feet inside said ploughed strips; 
Provided, that such fire-guard so ploughed and burned need 
not be constructed within the limits of any town, village, or 
city, nor in private fields, under cultivation nor along the line 
of said railroad whenever the same runs through the mountains 
or else where such ploughing or burning should be practicable; 
and provided further, that said-guard or portion thereof, need 
not be ploughed or burned on or through any lands which may 
be released from' the operation of this act by the Board of 
County Commissioners, of the county wherein such land is 
situated by their written certificate of release filed in the office 
of the County Clerk of the said County ; Provided further, that 
said ploughing be not less than three hundred (300) feet from 
the center of the railroad track on each side of same. ■ Except 
in cases of cultivated fields and then such ploughing and burn- 
ing shall be done closer to such railroad but not less than 
seventy feet from its center track. (Act approved March 5th, 
1903, (§ 1.) (8th Sess. Chap. 63.) 

4361. County commissioners may plough guard and recover 
expense. — That if any railroad company fails to comply with 
any of the provisions of Section 1 of this Act the Board of 
County Commissioners of the county wherein such violation 
occurs shall cause the neglected ploughing or burning or both 
therein provided for, to be done, and may in a suit to be 
brought in their name, as said board, in the District Court 
having jurisdiction, recover double the amount of the cost of 
such ploughing or burning or both with reasonable attorney 
fees to be fixed by the Court, and such railroad company shall 
be liable further for all damages caused by his failure to com- 
ply with this act. (Act approved March 5th, 1903, § 2.) (8th 
Sess. Chap. 53.) 

RAILROADS, DRIVING CATTLE ON. 

8865. (§ 1 191.) Driving cattle on railroad. — Every person 
who* wilfully drives any animal upon any railroad track with 
intent to injure the corporation or persons owning the railroad, 
and such animal is killed or injured thereby, is punishable by 
imprisonment in the state prison not exceeding five years. 



STATE OF MONTANA. 105 

LIENS, STALLIONS AND PASTURAGE. 

5805. ('§ 3935.) Lien for service. — Every person who, while 
lawfully in possession of an article of personal property, rend- 
eres any service to the owner thereof by labor or skill employ- 
ed for the making, repairing, protection, improvement, safe- 
keeping, or carriage thereof, have a special lien thereon, de- 
pendant on possession, for the compensation, if any, which is 
due to him from the owner for such service. A ranchman, 
farmer, agister, herder, hotel keeper, livery, boarding or feed 
stable keeper, to whom any horses, mules, cattle, sheep, hogs 
or other stock are intrusted, and there is a contract, express 
or implied, for there keeping, feeding, herding, pasturing or 
ranching, has a lien upon such stock for the amount due for 
keeping, feeding, herding, pasturing or ranching the same, 
and is authorized to retain possession thereof until the sum due 
is paid, and may enforce his lien as in the case of a pledge. 

5813. (§3943-) Stallion keeper must file statement. — That 
every owner or agent who' may have the custody or control 
of any stallions, who shall charge a fee for the service of such 
stallion, shall, before advertising or offering such services 
to the public for any fee reward or compensation, file with the 
clerk of the county in which owner or owners or agents re- 
side, or where such stallion shall be kept for service, a 'written 
statement, giving the name, age, pedigree and record if known, 
if not, that the same is unknown, description, term, and' 'con- 
ditions upon which said stallion will serve. Upon filing such 
statement the county clerk shall issue a certificate or license 
to owner or owners or agents, having custody and control of 
such stallion, that such statement has been filed in his office ; 
the owner or owners or agents of such stallion shall then post 
a written or printed notice in a copy of the statement so filed 
with the county clerk in a conspicuous place in each locality 
in which said stallion shall be kept for service. (Act. approved 
February 25th, 1893.) 

5814. (§ 3944.) Fraudulent pedigrees; penalties. — Every 
owner or agent who shall proclaim or publish a false or fraudu- 
lent pedigree or record or statement of any kind regarding any 
stallion, or who shall neglect or refuse to comply with the pro- 
visions of § 5813 of this act, shall forfeit all fees for the ser- 
vices of such stallion and the person or persons who have been 
deceived or defrauded by such false or fraudulent pedigree or 



106 LIVE STOCK LAWS 

record or statement, may sue and recover in any court hav- 
ing jurisdiction, such damages as may be shown to have been 
sustained by reason of false representation and fruad. (Act 
approved February 25th, 1893.) 

5815. (■§ 3945.) Lien for service of stallion. — Whenever the 
owner or agent of any stallion shall have complied with the 
foregoing provisions of this act, the services of such stallion 
shall become a lien on each mare served, together with a foal 
of such mare served from such service in an amount agreed 
upon between the parties at the time of service ; or if no agree- 
ment was entered into by them in such amount as specified 
as service fee of stallion or stallions in the statement of the 
owner or agent filed with the county clerk; Provided, a notice 
of lien shall be filed within twelve months after such service; 
such lien shall terminate at the end of the year from the date 
of filing notice thereof, unless within that time an action shall 
be commenced for the enforcement thereof. (Act approved 
February 25 th, 1893.) 



CRIMES. 

8836. (§ 1 163.) Stallion running at large. — Every person 

who owns a stud horse, ridgeling, or unaltered male mule or 
jackass over the age of eighteen months, and allows the same 
to run at large, is punishable by fine not exceeding fifty dollars. 
Any person may take any such animal, and if the same is not 
claimed in five days, may castrate him at the expense of the 
owner. 

8838. (§ 1 165.) Swine running at large. — That hereafter it 
shall be unlawful for any owner or owners of swine to permit 
the same to run at large. (Act approved March 6, 1895.) 

8839. (§ 1 166.) Penalties. — Any person or persons violat- 
ing § 8838 (1165), of this Act, shall be deemed guilty of a mis- 
demeanor, and, upon conviction thereof, shall be fined in the 
sum of ten dollars for the first offense and in the sum of twenty 
dollars for each subsequent offense and shall be liable to dam- 
age to any party injured thereby, to be recovered in any court 
having competent jurisdiction. (Act approved March 6, 1895.) 

8528. (§ 697.) Death from mischievous animals. — If the 
owner of a mischievous animal, knowing its propensities, wil- 
fully suffers it to go at large, or while not kept with ordinary 
care, and such animal while so at large, or while not kept with 



STATE OF MONTANA. 107 

ordinary care, kills any human being who has taken all the pre- 
cautions which the circumstances permitted, or which a reason- 
able person would ordinarily take in the same situation, is 
guilty of a felony. 

TRESPASSING STOCK. 

8474. Trespassing stock. — It shall be unlawful for any per- 
son or persons to wilfully drive, or cause to be driven, any live 
stock held in herd, on or over any field, ranch property or valid 
claim in process of title under any of the land laws of the Uni- 
ed States, or under lease from the State of [Montana, whether 
the same be fenced or not; provided, that any lands so owned, 
or under process of title, or under lease, and not fenced, shall 
be clearly defined by suitable monuments or stakes, and plough 
furrows, with printed or written notices indicating the lands 
so held. (Act approved [March 6, 1903, § 1.) (8th Sess. 
Chap. 103.) 

8475. Same. Penalty. — For any violation of the provisions 
of this Act, such stock so driven, or herded, or permitted to 
enter upon the property referred to under § 8744 (1) of this 
Act, shall, upon complaint to any magistrate or court of record, 
of the owner, or claimants under any of the land laws of the 
United States, or of the State, be subject to the payment of a 
fine not less than Twenty-Five Dollars ($25.00) , nor more than 
Five Hundred Dollars ($500.00), and the costs of such proceed- 
ings. (Act approved [March 6 r 1903, § 2.) (8th Sess. Chap. 

I03-) 

SHEEP ABANDONMENT. 
Chapter 116. 
"An Act Prohibiting the Abandonment of Sheep by Herders 
and others, fixing Penalties therefor." 
Section I. Every person who, having, by virtue of his em- 
ployment as herder, driver or otherwise, the charge or cus- 
tody of any sheep, shall wilfully abandon the same, or allow 
them to stray from his charge or custody, shall, upon convic- 
tion, be punished by a fine of not less than One Hundred 
Dollars, or by imprisonment of not less than three months 
nor more than one year, or by both such fine and imprison- 
ment; Provided, that if the person so in the charge or custody 



108 LIVE STOCK LAWS 

of such sheep shall have given to the owner of such sheep, or 
his authorized agent, at least five days notice of his intention 
to quit his employment, he shall not be deemed to have aban- 
doned such sheep, within the meaning of this act, by leaving 
the same after expiration of such period. 

Section 2. All Acts and parts of Acts in conflict with this 
Act are hereby repealed 1 . 

Section 3. This Act shall be in full force and effect from 
and after its passage and approval by the Governor. 

Approved March 8, 1909. 



ESTRAYS, TAKING UP. 

Chapter 126. 

"An Act Providing Penalties 'for the Taking up, Using or Dis- 
posing of Horses, Mules, or Asses contrary to law." 
Be it enacted by the Legislative Assembly of the State of Montana: 

Section I. Any person, persons, corporation or company, 
who shall take up or retain in his or their possession, any 
mare, gelding, colt; foal, filly, mule, jack or jennet, the owner 
of which cannot with reasonable diligence be found, or of which 
he is not the owner, without the owners knowledge or consent, 
or who shall in any manner restrain from liberty for the pur- 
pose or purposes of using or making use of such animal with- 
out the knowledge and consent of the owner, shall be guilty 
of a misdemeanor and shall be punishable by a fine of not less 
than Fifty ($50.00') dollars nor more than One Hundred 
($100.00) Dollars, or by imprisonment in the county jail not 
exceeding sixty days, or by both such fine and imprisonment. 

Section 2. All Acts and parts of Acts in conflict herewith 
are hereby repealed. 

Section 3. This Act shall take effect and be in full force 
and effect from and after its passage and approval. 

Approved March 8, 1909. 



NUISANCES. 

8484. (§ 676.) Putting dead animals in streets, rivers, etc. 
— Every person who puts the carcass of any dead animal, or 
the offal from any slaughter-pen, corral or butcher shop, into 
any river, creek, pond or reservoir, stream, street, alley, public 
highway or road in common use, or who attempts to destroy 



STATE OF MONTANA. 109 

the same by fire within one-fourth mile of any city, town or 
village, and every person who puts the carcass of any dead 
animal, or any offal of any kind in or upon the borders of any 
stream, pond, lake or reservoir, from which water is drawn for 
the supply of the inhabitants of any city or town in this state, 
so that the drainage from such carcass or offal may be taken 
up by or in such stream, pond, lake or reservoir, or who allows 
the carcass of any dead animal, or any offal of any kind, to 
remain in or upon the borders of any such stream, pond, lake 
or reservoir within the boundaries of any land owned or occu- 
pied by him, or who keeps any horses, mules, cattle, swine, 
sheep or live stock of any kind, penned, corralled or housed on, 
over or on the borders of any such stream, pond, lake, or reser- 
voir, so that the waters thereof shall become polluted by reason 
thereof, is guilty of a misdemeanor, and upon conviction there- 
of shall be punished as prescribed in § 8485 {6yy of this Code. 

Van Horn v. Ricks W. Co., 115 Cal. 450; 47 Pac. 361. 

8492. Slaughter of big jaw or diseased cattle for food. — Any 
person who shall slaughter, sell or offer for sale for the purpose 
of food, any cattle having a big jaw or any other disease, shall 
be guilty of a misdemeanor and be punishable by a fine of not 
exceeding Five Hundred Dollars or be imprisoned in the 
county jail not exceeding one year, or by both such fine and 
imprisonment. (Act approved March 9th, 1901.) (7th Sess. 

163.) 

8506. Killing or selling meat of calf less than four weeks old. 

— Whoever kills, or causes to be killed, for the purpose of sale, 
a calf less than four weeks old, or knowingly sells or has in his 
possession, with intent to sell for food, the meat of such calf, 
shall be fined not exceeding fifty ($50.00) dollars, or be im- 
prisoned not exceeding thirty days in the county jail, or both 
such fine and imprisonment. (Act approved March 8, 1907, 
§ 14.) (10th Sess. Chap. 175.) 

8520. (§ 688.) Riding or driving faster than a walk on 
public bridges. — Every person who wilfully rides or drives fast- 
er than a walk, on or over,, any public bridge, and every person 
who drives any loose stock, such as horses, mules or cattle over 
any public bridge in a larger number than fifteen head at a 
time, is punishable by a fine not exceeding twenty dollars. 

8526. (§ 695.) Fraudulent practices to affect the market 
price. — Every person who wilfully makes or publishes any 



110 LIVE STOCK LAWS 

false statement, spreads any false rumor, or employs any other 
false or fraudulent means or device, with intent to affect the 
market price of any kind of property, is guilty of a mis- 
demeanor. 

^531- (§ 700.) Using or exposing animal with glanders. — 
Any person who shall knowingly sell or offer for sale or use, 
or expose, or who shall cause or procure to be sold or offered 
for sale, or used, or exposed, any horse, mule, or other animal 
having the disease known as glanders, farcy, or any contagious 
disease, or violates any of the provisions of § 1900 (3063) of 
the Political Code, is guilty of a misdemeanor. 

8532. (§ 701.) Animal having glanders to be killed. — Every 
animal having glanders or farcy, shall at once be deprived of 
life by the owner or person having charge thereof, upon dis- 
covery or knowledge of its condition ; and any such owner or 
person omitting or refusing to comply with the provisions of 
this Section, is guilty of a misdemeanor. 



LARCENY. 

8645. Grand larceny defined. — Grand Larceny is larceny 
committed in either of the following cases : 

3. When the property taken is a stallion, mare, gelding, colt, 
foal or filly, cow, steer, bull, stag, heifer, calf, mule, jack, jenny, 
goat, sheep, or hog. 

4. If any person or persons, shall steal or with intent to 
steal, shall take, carry, drive, lead or entice away any mare, 
gelding, stallion, colt, foal or filly, mule, jack or jenny, ox, cow, 
bull, stag, heifer, steer, calf, sheep goat or hog, being the prop- 
erty of another, he or they shall be deemed guilty of grand 
larceny ; and shall be liable to the person or persons, whose 
property is so stolen, for the said property or the value thereof, 
and for any expenses by him or them incurred in endeavoring 
to make reclamation thereof. (Act approved February 23rd, 
l &97-) (5 tn Sess. Chap. 347.) 

8647. (§ 885.) Punishment of grand larceny. — Grand lar- 
ceny is punishable by imprisonment in the state prison for not 
less than one nor more than fourteen years. 

8655. (§ 893.) Larceny and receiving stolen property out 
of the state. — Every person who, in another state or country, 
steals the property of another, or receives such property know- 



STATE OF MONTANA. Ill 

ing it to have been stolen, and brings the same into this state, 
may be convicted and punished in the same manner as if such 
larceny or receiving had been committed in this state. 

8662. (§ 899.) Receiver of stolen property. — Every person 
who for his own gain or to prevent the owner from again pos- 
sessing his own property buys or receives any personal proper- 
ty, knowing the same to have been stolen, is punishable by im- 
prisonment in the state prison not exceeding five years 
or in the county jail not exceeding six months; and 
it is presumptive evidence that such property was stolen if 
the same consists of jewelry, silver or plated ware or articles 
of personal ornament, if purchased or received from a person 
under the age of eighteen unless said property is sold by said 
minor at a fixed place of business carried on by said minor 
or his employer. 

FIRES. 

8768. (§ 1 07 1.) Setting fire to timber, etc., negligently. — 
Every person who carelessly sets fire to any timber, woodland 
or grass, except for useful or necessary purposes, or who at any 
time makes a camp-fire, or lights a fire for any purposes what- 
ever without taking sufficient steps to secure the same from 
spreading from the immediate locality w'here it is used, or fails 
to extinguish such fire. before leaving it, is punishable by im- 
prisonment in the county jail not exceeding one year, or by 
fine not exceeding two thousand dollars, or both. 

8769. (§ 1072.) Setting fire to timber, etc., maliciously. — 
Every person who wantonly or designedly sets fire to any 

timber, woodland or grass, or maliciously fails to extinguish a 
fire after making the same for a necessary purpose, before 
leaving it, is punishable by imprisonment in the state prison 
not exceeding five years, or by fine not exceeding five thousand 
dollars, or both. 

CRUELTY TO ANIMALS. 

8774. (§ 1090.) Overdriving animals. — Every person who 
overdrives or overloads, tortures or cruelly beats or unjustifi- 
ably injures, maims, mutilates or kills any animal, whether 
wild or tame, and whether belonging to himself or another, or 
deprives an}^ animal of necessary food or drink, or neglects or 



112 LIVE STOCK LAWS 

refuses to furnish it such food or drink, or causes, procures or 
permits any animal to be overdriven, overloaded, tortured, 
cruelly beaten or unjustifiably injured, maimed, mutilated or 
killed, or to be deprived of necessary food or drink, or who 
wilfully instigates or in any way engages in any act of cruelty 
to any animal, is guilty of a misdemeanor. 

8775. Abandonment of disabled animals. — Every person be- 
ing the owner, or in possession or having charge or custody of 
a maimed, diseased or infirm animal, who abandons and leaves 
such animal to die in the street, highway or public place, is 
guilty of a misdemeanor and such animal may be killed by any 
sheriff or peace officer in a humane manner, and the owner 
shall be liable for the necessary care of such animal while liv- 
ing and for the cost of disposing of the carcass: (Act approved 
February 25, 1905.) (9th Sess. Chap. 35.) 

8776- (§ 1092.) Failure to provide proper food and drink 
to impounded animals. — Every person who has impounded or 
confined any animal and refuses and neglects to supply such 
animal, during its confinement, with sufficient food, shelter 
and water, is punishable by imprisonment in the county jail 
not exceeding thirty days, or by a fine not exceeding one hun- 
dred dollars ; or both. 

^777- (§ I0 93-) Carrying an animal in a cruel manner. — 
Every person who carries, or causes to be carried, in or upon 
any car, vessel or vehicle, or otherwise,' any animal in a cruel 
manner, or so- as to produce torture, is guilty of a misdemeanor. 



POISONING ANIMALS. 

8778. (§ 1094.) Poisoning animals. — Every person who wil- 
fully administers any poison to an animal the property of an- 
other or maliciously exposes any poisonous substance with the 
intent that the same shall be taken or swallowed by any such 
animal is punishable by imprisonment in the state prison not 
exceeding three years or in the county jail not exceeding one 
year, or by a fine not exceeding five hundred dollars, or by both 
fine and imprisonment. 



POISONING STOCK OR MALICIOUSLY KILLING. 

8781. Killing, maiming or poisoning live stock. — Every per- 
son who wilfully and maliciously kills or maims any live stock 



STATE OF MONTANA. 113 

of whatsoever kind, character or description, not his own, by 
whatsoever means, or who wilfully and maliciously places upon 
the public ranges or any other lands except his own enclosed 
tract or tracts, any poison, poisonous substance, or other thing 
known to be injurious or "harmful, or likely to produce the death 
of any live stock of whatsoever kind,, character or description, 
not his own, is guilty of a felony, and upon conviction shall be 
punished by not less than one nor more than ten years impris- 
onment in the state prison. This Act is not intended to pre- 
vent or restrict the right of any person to use poison in car- 
casses or bait on the public range, for the purpose of poisoning 
coyotes, wolves or other animals destructive to live stock. (Act 
approved February 27th, 1903.) (8th Sess. Chap. 37.) 



KEEPING COWS IN UNHEALTHY PLACES. 

8779. (§ 1095.) Keeping cows in unhealthy places. — Every 
person who keeps a cow or any animal for the production of 
milk in a crowded or unhealthy place or in a diseased condition, 
or feeds such cow or animal upon any food that produces im- 
pure or unwholesome milk, is punishable by imprisonment in 
the county jail not exceeding three months or by fine not ex- 
ceeding two hundred dollars, or both. 



BULL OR COCK FIGHTS. 

8780. ('§ 1096.) Promoting fights between animals. — Every 

person who instigates, promotes o'r carries on, or does any act 
as principal, assistant, referee or umpire, or is a witness of or 
in any way aids in the furtherance of any fight between cocks 
or other birds, or dogs, bulls, bears, or other animals premedi- 
tated by any person owning or having custody of such birds 
or animals is punishable by imprisonment in the county jaii 
not exceeding three months or by fine not exceeding two hun- 
dred dollars, or both. 



DRIVING WITHOUT UNIFORM BRAND. 

8851. (§ 1 178.) Branding animals driven through the state. 

—Every person who owns or has charge of any horses, cattle 
or sheep which are driven into or through any part of this 
state, and fails to plainly brand or mark the animals so driven, 
so that such animals may be readily distinguished from other 



114 LIVE STOCK LAWS 

animals, is punishable by a fine not exceeding three hundred 
dollars. 

8852. (§ 1 179.) Driven stock to be branded. — All droves of 
horses, mules, cattle or sheep which may hereafter be driven 
from any other state or territory of the United States or any 
foreign country, into or through any county or counties of this 
state, shall be plainly branded or marked with one uniform 
brand or mark. (Act approved March 7, 1893.) 

8853. (§ 1 180.) Road brand. — All such horses, mules and 
cattle shall be so branded with one distinct ranch or road brand 
of the owner or owners so as to show distinctly in such place 
or places as the owner may adopt. (Act approved March 7, 

18930 

8854. (§ 1 181.) Sheep brands. — All such sheep shall be 

marked distinctly with such mark or device as may be suffi- 
cient to distinguish the same readily should they become inter- 
mixed or mingled with other flocks of sheep in this state. (Act 
approved March 7, 1893.) 

8855. (§ 1 182.) Penalties. — Any such owner or owners, 
person or persons in charge of such drove of stock which may 
be driven into or through this state, who shall fail to comply 
with the provisions of this Act, shall be fined in a sum not less 
than fifty dollars, nor more than three hundred dollars together 
with costs of suit. (Act approved March 7, 1893.) 

8856. (§ 1 183.) Duty of officers. — It shall be the special 
duty of the county attorney, sheriff, and any constable of each 
and every county in this state, to enforce the provisions of this 
Act. (Act approved March 7, 1893.) 

8857. (§ 1 184.) Fines, how disposed of. — All fines collected 
under the provisions of this Act, shall be paid into the general 
school fund of the county in which judgment therefor is recov- 
ered. (Act approved March 7, 1893.) 



THISTLES AND OBNOXIOUS PLANTS. 

8871. (§ 1 197.) Canada thistles, etc. — Be it enacted that 
the weeds known as the Canada thistle, the Scotch bull thistle 
and the Russian thistle are hereby declared to be a common 
nuisance for all purposes of this Act. (Act approved March 
18th, 1895.) 

8872. (§ 1 198.) Permitting thistles to go to seed. — Any 



STATE OF MONTANA. 115 

person or persons owning any lands within this state, or oc- 
cupying or having control of any lands, whether within the 
plat of towns, villages or cities, or otherwise, within this state, 
knowingly permitting or suffering any Canada, Scotch bull or 
Russian thistle or thistles to go to seed upon any land or lands 
thus owned, occupied or under control of such person or per- 
sons shall be deemed guilty of supporting and maintaining a 
common nuisance, and upon conviction thereof in any court 
of competent jurisdiction, of the offense, shall be punished by 
a fine not exceeding fifty nor less than five dollars. (Act ap- 
proved March 18th, 1895.) 

8873. (§ 1 199.) Landholders to destroy thistles. — In case 
any person or persons, railroad or other corporation, owning or 
occupying any lands within this state, under his or her or their 
control, as the case may be, shall refuse or neglect to destroy 
any Canada, Scotch bull or Russian thistle or thistles growing 
or standing upon any land or lands so owned, occupied or con- 
trolled, on or before the fifteenth day of August it shall be the 
duty of the county commissioners, road supervisors, or other 
person or persons having control of the public highways, streets 
or alleys where any such thistle or thistles may be found grow- 
ing or standing, to immediately destroy or cause the same to 
be destroyed, and pay therefor at the same rate that is paid 
for road labor; and every supervisor or other person herein- 
before authorized to destroy said thistles shall keep a correct 
account of all moneys paid out for that purpose, and charge 
the same to the person or persons or corporation owning, oc- 
cupying or controlling the land or lands upon which such thistle 
or thistles were destroyed, and the person or persons or corpo- 
ration owning, occupying or having control of such lands shall 
be liable in a civil action for the amount so charged against 
them and costs of suit; Provided, that if any supervisor or 
other person having, under the authority of this Act, destroyed 
any of the said thistles, and is unable to find the owner of the 
land, or is unable to collect such money, the same shall be paid 
by the authorities of the town, village, city or county where 
such thistles w r ere destroyed ; and provided further, that in 
case any railroad company becomes chargeable under the pro- 
visions of this Section, the supervisors of the township where 
same has become chargeable may certify to the same to the 
county attorney of their county, whose duty it shall be to bring 



116 LIVE STOCK LAWS 

and prosecute a civil action against the railroad company for 
the amount so charged and costs of suit aforesaid. (Act ap- 
proved March 18, 1895.) 

8874. (§ 1200.) Duties. — It is hereby made the duty of 
every person having knowledge of any Canada, Scotch bull or 
Russian thistle or thistles growing or standing upon the lands 
of another to immediately destroy the same, or give the person 
owning or occupying such lands immediate notice thereof. 
(Act approved March 18, 1895.) 



CARCASSES. 

8841. (§ 1 168.) Removing skin from animal. — Every per- 
son who removes the skin from an animal and leaves the car- 
cass within one-quarter of a mile of a dwelling, *s punishable 
by a fine not exceeding twenty-five dollars. 



DISEASED SHEEP AND CATTLE DRIVING. 

8842. (§ 1 169.) Scabby sheep. — Every person who re- 
moves from one point to another in any of the counties of this 
state, or from, one county to another, any scabby sheep, or any 
sheep that have been scabby within one year, without the writ- 
ten certificate of the sheep inspector, or the written consent 
of all the sheep owners or managers along the route, and in 
the vicinity of the proposed location, is punishable by a fine 
not exceeding one thousand dollars. This Section does not 
apply to scabby sheep imported into this state and against 
which quarantine has been declared. 

8843. (§ 1 170.) Bringing infected animals into state. — 
Every person who brings into this state sheep infected with 
scab or other infectious disease, or any horses, mules, asses or 
cattle infected with any contagious disease, is punishable by a 
fine not exceeding five hundred dollars. 

8844. (§■ 1 171.) Disobeying orders of state veterinary sur- 
geon. — Every person who fails to comply with or disregards 
any lawful order or direction made by the state veterinary 
surgeon, or deputy, or deputy sheep inspector, under the pro- 
visions of the Political Code, concerning scab and other con- 
tagious diseases among sheep, or to prevent the spread of 
disease among cattle, is punishable by a fine not exceeding 
five hundred dollars. 



STATE OF MONTANA. 117 

8845. (§ 1 172.) Receiving and transporting diseased sheep. 
— Every person who, after the publication of the proclamation 
of the governor of this state prohibiting the importation of 
diseased sheep into this state, knowingly receives any such 
sheep from any of the prohibited districts, or transports the 
same within the limits of the state, is punishable by a fine not 
exceeding five hundred dollars. 

8846. (§ 1 1 73.) Moving diseased sheep. — Every person in 
charge of sheep being shipped into this state, against which 
quarantine has been declared, as specified in the last preceding 
Section, and fails to notify the deputy inspector of the county 
in which such sheep are brought, or allows any such sheep to 
pass over or upon any public highway, or upon the ranges 
occupied by other sheep, or within five miles of any corral in 
which sheep are regularly corralled, before such sheep are in- 
spected as provided by law, is punishable by a fine not exceed- 
ing five hundred dollars. 

8847. (§ 1 174.) Importing diseased cattle into state. — 
Every person who imports into this state any cattle, horses, 
mules, or asses, after the governor has made proclamation hold" 
ing in quarantine for the purpose of inspection for contagious 
or infectious diseases, such animals, and allows the same or 
any of them to leave the place of their first arrival in this 
state, until they have been examined by the state veterinary 
surgeon, and a certificate has been obtained therefrom that 
such animals are free from disease, or permits any such ani- 
mals to run at large, or to be removed, or to escape before 
such certificate has been received, is punishable by a fine not 
exceeding five hundred dollars. This Section does not apply 
to any animals driven in harness, or under yoke, or ridden by 
their owners into this state. 

8848. (§ 1 175.) Receiving or transporting diseased cattle. 
— Every person who, after the publication of such proclama- 
tion, knowingly receives or transports within the limits of 
this state, any animal mentioned in the preceding Section, be- 
fore the certificate mentioned therein has been given, is pun- 
ishable by a fine not exceeding ten thousand dollars. 

8849. (§ 1 176.) Obstructing veterinary surgeon, etc. — 
Every person who owns or has the custody of any cattle, 
horses, mfules or asses infected with a contagious disease, and 
fails to immediately report the same to the state veterinary 



118 LIVE STOCK LAWS 

surgeon, or conceals the existence of such disease, or attempts 
so to do, or wilfully obstructs or resists the said veterinary sur- 
geon in the discharge of his duty as provided by law, or sells, 
gives away or uses the meat or milk, or removes the skin or 
any part of such animal, is punishable by a fine not exceeding 
five hundred dollars. 

8867. (§ 1 193.) Diseased animals. — It is unlawful for any 
person having in charge any horse, mule, ass, sheep, hog, or 
cattle, affected with a contagious disease, to allow such animal 
to run on any range or to be within any enclosure where they 
may come in contact with any other animal not so diseased. 
All animals so affected must be immediately removed to an 
inside in closure secure from other animals, or must be herded 
six miles away from any farm or ranch or from any other 
stock running at large or being herded. Every person who 
neglects or refuses to remove or inclose, or herd as aforesaid, 
such diseased animals, is guilty of a misdemeanor and liable 
in damages to the party injured. 



DRIVING FROM RANGE. 

8858. (§ 1 185.) Driving stock from ranges, prohibited. — 
That any person or persons other than the owner of, or his 
agents who shall drive any horses, mules or cattle farther from 
their usual and customary ranges, than the nearest corral, and 
who shall neglect to return such horses, mules or cattle imme- 
diately to their accustomed range ; Provided they can have the 
use of such corral shall be deemed guilty of a misdemeanor, 
and on conviction thereof before any justice of the peace, in 
the state of Montana shall be fined in any sum not exceeding 
one hundred dollars nor less than twenty-five dollars to be col- 
lected as other fines are. and may also in the discretion of the 
said justice of the peace be imprisoned in the county jail for 
a term not more than three months, or both. All fines col- 
lected under the provisions of this Act shall be paid into the 
school fund of the county in which the said stock do most 
usually range and graze. (Act approved March 9, 1893.) 

8860. (§ 1 187.) Driving cattle, etc., from range. — Every 
person who wilfully drives or causes to be driven any cattle, 
horses, mules, sheep, or swine from their customary range 
without the permission of the owner thereof is punishable by 



STATE OF MONTANA. 119 

imprisonment in the county jail not exceeding ninety days, or 
by fine not exceeding one hundred dollars, or both. 



DOGGING LIVESTOCK. 

8861. Dogging livestock. — Any person, who shall permit or 
direct any dog owned by them, or in their possession or in the 
possession of any employer to chase or run any cattle or other 
live stock, of which he is not the owner or the person in charge 
upon the open range, or government lands or away from any 
watering place upon the open range, shall be guilty of a mis- 
demeanor and shall be punishable by a fine of not more than 
Fifty ($50.00) Dollars. (Act approved March 6. 1903.) (8th 
Sess. Chap, no.) 

BUTCHERS, DUTY OF 

8859. (§ 1 186.) Duty of butchers slaughtering animals. — 
Every person who is a butcher and who slaughters cattle in 
this state, and fails to keep a true and correct record of all 
marks and brands of the cattle slaughtered by him, the name 
of the person from whom said cattle were bought, his resi- 
dence and the date of the purchase and delivery of the cattle, 
or fails to keep such record open for inspection at his place of 
business, or fails on or before the first day of each month to 
file a verified copy of such record in the office of the justice 
of the peace nearest his place of business and another verified 
copy in the office of the county , clerk of the county in which he 
resides, and every person slaughtering cattle, who does not 
keep the hide, with the ears attached, for ten days after the 
slaughter of such animal, at his place of business or residence, 
or who doe's not exhibit said hide upon demand of any person, 
is punishable by a fine not exceeding five hundred dollars or 
by imprisonment in the county jail not exceeding six months,, 
or both. 

8862. (§ 1 188.) Hides of animals killed. — Every person, 
except, a licensed butcher, who otters to sell or sells any beef 
and fails to expose to the purchaser the hide of the animal to 
be sold, or sold, and does not keep such hide for ten days after 
the sale at his place of residence, or refuses to allow the same 
to 'be inspected by any other person, is punishable by imprison- 
ment in the county jail not exceeding three months, or by a 
fine not exceeding one hundred dollars, or both. 



120 LIVE STOCK LAWS 

MISCELLANEOUS OFFENCES. 

8690. (§ 940.) False pedigree of animals, etc. — Every per- 
son who makes, publishes, delivers or uses any false or fraudu- 
lent pedigree of any horse, cattle, sheep or other domestic ani- 
mal for the purpose of increasing the value of the animal is 
punishable by a fine not exceeding five hundred dollars. 

8691. (§ 941.) Selling animal with false pedigree. — Every 
person who by statements or representations concerning a 
false or fraudulent pedigree sells to another any domestic ani- 
mal and such animal is not of the breeding or pedigree as rep- 
resented, is punishable by a fine not exceeding fifty dollars, 
and is liable to the purchaser in a civil action for double the 
value or price paid for the animal. 

8771. (§ 1074.) Driving animals on sidewalk. — Every per- 
son who, wilfully and without authority, drives any team, ve- 
hicle or animal along or upon a sidewalk in a town or city, is 
punishable by imprisonment in the county jail not exceeding 
one month, or by a fine not exceeding fifty dollars, or both. 

8833. (§ 1 160.) Obstructing ford near ferry. — Every per- 
son who' owns and conducts a ferry, and who obstructs any 
ford at or near his ferry, or excludes or prevents the public 
from the free use of such ford, and who in any manner ob- 
structs such ford, is punishable by a fine not exceeding one 
hundred dollars. 

8837. (§ 1 164.) Ram running at large. — Every person 
who owns, controls, or has the custody of any ram or he goat, 
and allows the same to run at large between the first day of 
August and the first day of December of each year, is punish- 
able by a fine not exceeding twenty dollars. 



ILLEGAL BRANDING. 

8863. (§ 1 189.) Branding cattle running at large. — Every 
person save only an owner, and he only when branding on his 
own premises and in the presence of two responsible citizens, 
who marks or brands any calf or cattle that are running at 
large between the first day of December, and the tenth day of 
May of the next ensuing year ; and every person who shall at 
any time brand or cause to be branded or marked any horse, 
mule, cattle or head of cattle, sheep, swine, or other animal, 
one year old or older, with any piece of metal or implement, 



m 



STATE OF MONTANA. 121 

other than branding iron, which branding iron shall be of the 
same design as the brand or mark owned by the party using it; 
or who shall so mark or brand, or cause to be marked or brand- 
ed any of the animals aforesaid with any piece or pieces of 
iron called "running irons," such as bars, rings, half or quarter 
circles; is punishable by imprisonment in the county jail for 
not exceeding six months, or by a fine of not less than twenty- 
five dollars, nor more than five hundred dollars, or both. (Act 
approved March 5, 1895.) 

8864. Prohibiting sash or frying pan brand. — Every person 
who, for the purpose of branding horses, cattle, sheep, goats or 
any other animal, uses as a brand, a sash, frying pan or any 
device whatsoever, which can be employed or used to obliter- 
ate a brand, and every person who shall use any unrecorded 
brand which is an infringement upon any recorded brand, or 
who shall use a like brand in the same position or place record- 
ed by another, is punishable by a fine not exceeding Two Hun- 
dred Dollars, or imprisonment in the county jail not exceeding- 
sixty days, or both. (Act approved March 7, 1903.) (8th 
Sess. Chap. 125.) 



122 LIVE STOCK LAWS 

Helena, December 23, 191 1. 
Mr. D. W. Raymond, Sec'y, 

State Board of Stock Commissioners, 

Helena, Montana. 
Dear Sir :— 

I acknowledge receipt of your letter of the 19th inst., where- 
in you request my official opinion upon the following state, of 
facts relative to the shipment of stray cattle. You state that 
several shipments of cattle are being made to a number of 
points where the state board of stock commissioners are not 
represented by a state stock inspector. That in several in- 
stances of such shipments, a local stock inspector has found 
among the cattle sought to be shipped, stray cattle or cattle 
bearing other brands than that owned by the shipper, and 
you desire to know what is to be done with such stray cattle 
and whether such animals may be allowed to go with the ship- 
ment, and if not, what disposition is to be made of them. And 
you also state that strict enforcement of the rule to allow no 
strays to be shipped to points other than where you maintain 
inspectors, would cause great inconvenience. 
By the provisions of Sec. 1820, Revised Codes : 

"Every person, agent, firm, corporation, pool or 

roundup association who shall ship cattle from this 

state may ship with their own cattle any stray which 

may be among them." 

But provision is made in the same section for an accurate 
tally of the brand of the cattle in such shipment whether their 
own. or strays and such section further provides that one copy 
of such tally shall be deposited with the railroad agent at the 
point of loading and subsequently forwarded to the state board 
of stock commissioners at Helena, and that another copy shall 
be immediately mailed to the state stock inspector at the point 
of destination. This section 1820 apparently gives authority 
to a person to ship with 'his own cattle, stray cattle that may 
be among them, but in view of the provision of said section 
requiring a copy of the tally list to be mailed to the state stock 
inspector at the point of destination, it is my opinion that the 
authority of one person to ship with his own cattle, the cattle 
of another person — as strays, such shipment must be consigned 
to a destination at which the board of stock commissioners 
maintain a state stock inspector, and that in case such ship- 
ment is destined to a point where no such inspector is sto- 



STATE OF MONTANA. 123 

tioned, that no right is given to any person, firm, corporation 
or roundup association to ship other than their own cattle or 
cattle which they may be authorized to- ship by a true owner. 

By the provisions of Chapter 19, Laws of 1903, the Legis- 
lature undertook to define a "stray" but said act of 1903 was 
declared unconstitutional by the Supreme Court of this State 
in the case of State vs. Cunningham, 35 Mont. 547, and since 
that time there is no statutory definition of the word "stray" 
in this state. 

Sections 1812, 1813 and 1814, provides for the inspection of 
cattle to be removed or shipped from the State other than the 
cattle which shall be loaded for shipment and consigned to a 
point where the state board of stock commissioners maintain 
a stock inspector. These sections provide for the inspection of 
such cattle by the local stock inspector and by the provisions 
of Sec. 1813 he is given discretion in passing upon such ship- 
ment. The section providing in part : 

"If, in the opinion of the stock inspector the person 
proposing to remove the same, is rightfully in posses- 
sion of the animals inspected, he shall grant such per- 
sons a certificate of inspection." 

and said section further provides in part : 

"If, 'however, any stock inspector making such in- 
spection shall be in doubt as to whether any of said 
stock is rightfully in possession of the person propos- 
ing to remove the same from this state he shall with- 
hold such inspection certificate until satisfied that the 
said shipper is in rightful possession of such stock." 

From these provisions it will be seen that a large discretion 
is given the stock inspector in passing the shipment and each 
shipment will necessarily be governed by the facts and cir- 
cumstances surrounding it. Taking into consideration the 
shipper, his standing in the community and his responsibility, 
so that whether the cattle offered for shipment bear the brand 
of the shipper or bear the brand of some other person, the 
shipment may be passed upon by the stock inspector if he is 
satisfied that the person proposing to remove the same is right- 
fully in possession of the animals inspected. A recorded brand 
is not conclusive evidence of the ownership of the animal bear- 
ing such brand, but in my opinion is merely presumptive evi- 
dence of such ownership and it is not only possible, but quite 
usual that the ownership of a brand upon an animal may be 



124 LIVE STOCK LAWS 

in one person and the ownership of the animal itself in another. 
You state further in your letter that in case the shipper is 
not the owner of the brand borne by the animal and for that 
reason the inspector withholds his certificate of inspection ; that 
the animals are then turned loose at the point of shipment and 
a great distance from a feeding point "to become the prey of 
rustlers." I cannot see that this is a necessary consequence 
of such action. Sections 8858 and 8860, make it an offense 
for any person other than the owner of cattle to drive them 
from their usual and customary range farther than the nearest 
corral, and it is contemplated by said section that the ani- 
mals of which such person is not the owner, should be cut out 
and immediately returned to their accustomed range and if 
any person should drive to a shipping point, animals of which 
he was not the owner or to the possession of which he is not 
entitled in my opinion he would be acting in violation of the 
provisions of sections 8858 and 8869, in case he did not imme- 
diately return them to their usual and customary range, the 
places from wrTich he obtained them. 

Yours very truly, 

• ALBERT J. GALEN, 

Attorney General. 



Helena, Mont., July 15, 191 1. 
Mr. D. W. Raymond, Sec'y, 
Board of Stock Commissioners, 
Helena, Montana. 
Dear Sir: 

I am in receipt of your letter of the 13th inst., enclosing a 
communication received by you from George Twible, in which 
he states : 

1. That there was running on the range there a mare 
'branded "E L ish" that has been there for eight or 
nine years, and that there is running with her a two 
year old and a yearling colt, both of which, are un- 
branded and he is desirous to know of you if he can 
sell the same as stock inspector. 

With reference to the first question submitted, we have 
no law in this state defining "estrays ;" the only act we had 
on that subject was Chap. 19, Laws of 1903, which the supreme 
court held to be unconstitutional and void in the case of State 
vs. Cunningham, 35 Mont., 457. 



STATE OF MONTANA. 125 

Sec. 1820 et seq. Revised Codes, provide for the sale of cer- 
tain strays when shipped out of the State, but these sections 
have reference only to cattle, and section 1996 et. seq. Revised 
Codes, provide for the sale of domestic animals when the same 
are saved from drowning or starvation. The only other sec- 
tion we have on the subject is Sec. 1817, Revised Codes, which 
provides for the sale of domestic animals in certain cases where 
the same are held under quarantine. 

Unless, therefore, this mare and these colts are held under 
provisions of Sec. 1817 et seq. or under the provisions of Sec. 
1896 et seq., I know of no law that authorizes their sale. 

Yours very truly, 

ALBERT J. GALEN, 

Attorney General. 



INDEX. 



Page. 

Auctioneer 90 

Board of Stock Commissioners 3-4 

Bounties 78-84 

Brand, Driving without uniform 113-114 

Branding, Illegal ' 120 

Bull or Cock Fights 113 

Butchers 119 

Carcasses , 116 

Crimes 106 

Cruelty to Animals 111-112 

Diseased Stock ; 74 

Dogging Live Stock 119 

Driving Diseased Sheep and Cattle 116-118 

Driving from Range 118 

Bs trays 108, 122-124 

Fences ,. 86-89 

Fires Ill 

Inspection of Cattle for Shipment 13-15 

Inspection of Horses, to be removed from the state or county... 9-13 

Inspection of Public Markets 15-17 

Inspectors 8-9 

Larceny 110 

Liens, Stallions and pasturage 105-106 

Lost Property 84-86 

Meat and Milk Inspection 26-41 

Nuisances 108-110 

Offences, Miscellaneous 120 

Poisoning Animals >. 112 

Poisoning Stock or Malicious Killing 112 

Railroads, Driving Cattle on 104 

Railroads, Fires 103-104 

Railroads, Stock killed by 97-103 

Rams and He-Goats at large 62 

Recording of Marks end Brands 4-7 

Sanitary Board, Livestock 63-73 

Scabies, Extermination of .• 22-26 

Sheep Abandonment 107 

Sheep Industry, Regulations for protection of 49-61 

Shipment of Contracts i 22 

Shipment of Estray Cattle 17-22 

Taxation 90-97 

Thistles and Obnoxious Plants ... 114-116 

Trespassing Stock 107 

Tuberculosis, Dairy Cattle 74-7S 

Veterinarian, State 41-49 



LB N '12 







Hi 

wm 



H 








^H 









■ 




